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Lund Law Carolina

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(704) 412-4773

The Role Of The Decision-Maker

The Role Of The Decision-Maker -3d Lawyer, Charlotte City

An examiner at Social Security’s Disability Determinations Services makes the initial decision on your application. If you request a hearing, an Administrative Law Judge (ALJ) will be the person making the decision. Regardless of what stage your claim is approved at, these officials focus primarily on the medical documentation when determining whether you meet SSA’s definition of disability.

Other individuals at Social Security make an initial assessment of non-medical factors, such as whether you have enough work credits to qualify, and whether your income level qualifies you. If you meet these qualifications, your claim is processed. Then at the end of the determination process, they go back and re-review your record to calculate benefit amounts and verify that you meet the criteria to receive payments.

The Length Of Time Approval Or Denial Takes

Social Security is a heavy user of the U.S. Postal Service. Consequently, you’ll receive notification of the decision on your claim by way of mail. Social Security has also set up web portals for people who are comfortable navigating online. As such, you can set up an account on www.ssa.gov/myaccount/ to monitor the status of your claim – and you may be able to view the decision online before you are notified by mail.

Typical Decision Times

Although it varies from state to state, a decision on an initial disability claim takes about five to six months. North Carolina disability determinations move much quicker than they do in South Carolina, which seems to be the result of staffing difficulties.

When it comes to claim reconsiderations, the timing depends on whether there’s additional medical documentation that needs to be added to the file and on the type of impairment.

Of course, cases involving terminal illnesses move much faster, but cases involving impairments that might be expected to improve over time may be put on a hold. In cases where medical improvement is expected the decision often depends on follow-up medical treatment that can show whether or not there is a permanent disability, or if it is more of a temporary issue. At the reconsideration level, decisions usually take from three to nine months.

Scheduling A Hearing

Scheduling a hearing date generally takes between 12 and 18 months, depending on where the hearing request was filed. After the hearing, the time it takes to get a decision depends on whether the judge wants to send you for a medical evaluation, and whether there are additional records that need to be obtained.

Thus, the decision may take anywhere from 30 days to several months for a judge to review the completed file and issue a written decision. In some cases, the judge may need to hold a supplemental hearing.

Sometimes, they want to hold a hearing where they call in a medical expert to testify. If this happens, a doctor that has reviewed your file will talk about what they see in your record and help the judge understand a bit more about what would normally be expected in these types of situations.

Once your record is complete, most judges can issue a written decision within 30 to 60 days.

With the guidance of a skilled attorney for Social Security Disability Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Social Security Disability Law in North Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling or texting (704) 412-4773 today.

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