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HOW LONG WILL IT TAKE FOR A HEARING TO BE HELD, A DECISION TO BE ISSUED, AND FOR BENEFITS TO BE PAID?
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The time between when a person requests a social security disability hearing until a decision is issued varies quite a bit. Nationally, hearing offices average 15.5 months from the date of a hearing request until the decision is issued. Some states don't take that long, and others may take longer.
After the hearing, unless the judge issues a bench decision at the hearing, it takes an average of two to three months for the formal decision to be published.
Once the decision is issued, if you are awarded disability benefits, it takes a month or two for current benefits to start being paid. From the decision date, it can take from one to five or six months for all back benefits to be paid, sometimes longer when there is SSI involved.
Unfortunately, this takes a long time, and your lawyer has few opportunities to speed things up. All your legal team can do is keep up with the pace and work not to slow things down. You want to work with the best personal injury attorneys in Greensburg, PA, at Westmoreland Injury Lawyers to ensure the process is as speedy as possible for you.
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HOW WILL I BE NOTIFIED ABOUT THE DATE OF MY DISABILITY HEARING?
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You should hear from your lawyer first about the date of the hearing. The judge's assistant will telephone your lawyer before scheduling your hearing to ensure that your lawyer has the date available. As soon as your lawyer hears from the judge's assistant, they will send you a letter. After you get the letter from your lawyer, you'll get a Notice of Hearing from the judge.
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WHAT HAPPENS IF I GET A NOTICE OF HEARING BEFORE I GET A LETTER FROM MY LAWYER TELLING ME ABOUT THE DATE?
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If you receive a Notice of Hearing before you've gotten notice from your lawyer about the correct date, someone may have failed to call your lawyer to arrange a date that works for them. Please get in touch with your lawyer immediately to discuss this notice.
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DO I NEED TO GET MEDICAL RECORDS OR REPORTS FOR MY LAWYER?
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No. You don't have to get any medical records or reports yourself. Unless your lawyer specifically requests you obtain any medical documents, it is better that you do not try to get any yourself.
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BUT WHAT IF MY DOCTOR GIVES ME A REPORT?
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If you happen to get something such as a disability form completed by your doctor for an insurance company, etc., be sure to send your lawyer a copy.
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WHAT IF THE JUDGE GIVES ME A FORM TO BE COMPLETED BY MY DOCTOR?
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Sometimes a claimant may be sent a form to be completed by a doctor concerning how much work the claimant can do. If the judge sends you a form to be completed by your doctor, call your lawyer so that the two of you can discuss how to deal with this. Your lawyer may want you to send the form to him.
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SHOULD I SEND ANYTHING TO THE JUDGE?
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No. As a rule, please do not send anything to the judge without your lawyer seeing it first.
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SHOULD I SEND MY LAWYER THE "ACKNOWLEDGEMENT" THAT COMES WITH THE NOTICE OF HEARING?
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No. You will receive a paper with your Notice of Hearing that you must mark to indicate that you'll be coming to the hearing. This paper is called an Acknowledgment of Notice of Hearing. You may send the "acknowledgment" directly back to the judge, but this is the only time you can send something back to the judge without your lawyer seeing it first. Do not send anything else to the Social Security Administration without your lawyer's approval.
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WILL I HAVE TO FILL OUT ANY FORMS BEFORE MY HEARING?
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Yes. Usually, the judge will send you some forms to complete about recent medical treatment, what medications you're taking, etc. At Westmoreland Injury Lawyers, we have been performing injury legal services for Greensburg, PA, long enough to understand the ins and outs of these forms. Please ask us if you have any concerns while filling out the paperwork.
Complete these forms as soon as possible after you get them and send them to your lawyer. Your lawyer will forward them to the judge.
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WHAT WILL MY LAWYER DO TO PREPARE FOR THE HEARING?
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Your lawyer will review your Social Security file and work on a strategy to win your case. No need to get the necessary medical and other records for the case yourself, as your lawyer will take care of that. You will likely meet with your lawyer a day or so before your hearing to prepare you to testify, and this is also likely when they will talk with any witnesses that could present testimony at your hearing.
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WHAT SHOULD I DO TO GET READY FOR MY DISABILITY HEARING?
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Think about who might be a good witness — someone who knows you well, knows all the problems you've been having lately, and can describe them to the judge.
Most people use their spouse, another family member, or a close friend as witnesses because they usually know them the best, and these witnesses tend to be suitable. However, sometimes a judge will think that close friends or family members bend backward to help a claimant. Often the very best witnesses are not as close to the claimant and might be considered more objective.
Some people applying for social security disability benefits have used former supervisors, coworkers, social workers, vocational rehabilitation counselors, ministers, landlords, neighbors, etc., as witnesses. If you have someone like this who can be a witness for you, call your lawyer when you receive the letter from them notifying you of your hearing date. You can discuss your potential witnesses at this time.
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SHOULD I TRY TO GET LETTERS FROM FRIENDS AND RELATIVES ABOUT MY DISABILITY?
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Letters from friends, relatives, and other people can benefit a social security disability case. As a rule, the more such letters, the better. If you want, your lawyer can provide you with a memo to distribute to friends and relatives that explains how to prepare this type of letter.
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SHOULD I TELEPHONE MY LAWYER WHENEVER I SEE A DOCTOR?
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No. It is not necessary to telephone your lawyer about routine medical care. However, keep track of the dates of all medical treatment between now and the time of your hearing.
When your lawyer sends you the letter about your hearing date, they will probably send you a form to complete to describe all the medical care you've received since you first met with your lawyer.
Your lawyer must have the complete names and addresses of all those working on your medical treatment. Help your lawyer by gathering business cards for all doctors, therapists, etc., and sending them to your lawyer when you are asked for a medical care update.
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UNDER WHAT CIRCUMSTANCES SHOULD I CALL MY LAWYER?
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There probably will be little need for you to call your lawyer to discuss your case before they notify you of when your hearing will be held.
However, you should give your lawyer a call if one of the following things happens:
- There is a dramatic change in your condition — either for the worse or the better.
- Your doctor gives you a new diagnosis of your medical condition.
- You are hospitalized.
- You go back to work.
- You are thinking about going to work full-time or part-time.
- You change your address and/or telephone number.
- Someone from the Social Security Administration contacts you.
- You get a letter from the Social Security Administration that you don't understand.
- You get a Notice of Hearing without first obtaining a letter from your attorney telling you the date of your hearing.
- You get a form from the judge to be completed by your doctor.