The process of applying for and obtaining Social Security Disability Benefits can take a very long time.  Our region, which includes the State of Ohio and Northern Kentucky, has one of the highest application rates in the nation.  This translates into a long application process. In my previous articles, I said it is important to prepare in advance of the application by talking to your treating physician, and to apply as soon as possible.

An initial application can take anywhere from 90 to 120 days for the SSA to make a decision.  In my experience, the initial determination usually results in a denial of benefits.  There are many reasons for this.  That will be the subject of another article.  However, the two reasons that come to mind are the failure of the treating source to respond to the SSA's request for information and the nature of the impairment.  A claimant has 60 days within which to appeal a denial upon initial determination.

The next step is to file a Request for Reconsideration at your local SSA District Office.  The claim is then returned to the Bureau of Disability Determination in Columbus, Ohio.  If you live in Kentucky, your claim file will be transferred to a Disability Determination Unit in Frankfort, Kentucky.  The local SSA District Offices have no role in the actual determination of disability.   The Bureau of Disability Determination (BDD) will review the prior decision.  They might require that you attend one or two consultative examinations by physicians or psychologists who contract with the BDD.  The BDD also uses "in house" medical contractors to review the medical evidence.  All of this takes time.  You can wait until the BDD develops their file, or, after 120 days you can request that a determination be made on the evidence they have obtained.  In my experience, more claims are denied on Reconsideration than are granted.  There are many reasons for this as well.  That will also be the subject of a future article.

The next step is to return to your SSA District Office to file a Request for a Hearing Before an Administrative Law Judge.  The claim will be transferred to the Office of Hearings and Appeals that serves the region in which you live.  Your Zip Code determines the location of the Hearing Office that will receive your claim file.  Now comes the real wait.

The Cincinnati Office of Hearings and Appeals which serves the Hamilton District of Office, Clermont County, Hamilton County and Northern Kentucky currently has approximately 7,500 claims pending a hearing.  These claims are divided between approximately 10 Administrative Law Judges.  The volume of cases is simply overwhelming.  The claims are assigned to a Judge and scheduled for a hearing based upon the date the Request for hearing is filed.  Currently, it takes about 12-14 months commencing from the time a Request for Hearing is filed before a hearing is actually scheduled.  The reason for the delay is budgetary.  Congress is responsible for allocating resources (not benefits) to SSA for the purpose of processing claims.  Writing your congressman to request help in processing your claim will not speed up the process.  However, writing your congressman to request that he or she support additional funding to hire more Administrative Law Judges and Hearing Office personnel might help.

As you can see, the process is very time consuming and results in enormous financial hardship on a worker and his family.  It can take a year and a half to bring a claim to resolution.  Thus, if you can, it is important to plan ahead before you file an application.