The SSA Field Office closest to the claimant receives the application and makes the first determination typically within 4-6 months.
If the application is denied, the first appeal is filed with the same SSA Field Office and a determination is made within 3-5 months.
If the appeal is denied, the claimant can then request a hearing with an administrative law judge, which typically takes 8-10 months.
This is largely due to the COVID-19 pandemic and SSA's limited budget.
Read more about the backlog here.
SGA = Substantial Gainful Activity
In 2023, the monthly SGA limit is $1470/mo (before taxes)
The medical condition must be diagnosed and has lasted, or is expected to last, for at least 12 consecutive months.
If the claimant's medical condition meets or equals the criteria of any of the published listings of impairments, the claim will be approved.
SSA looks at the claimant's 15-year work history.
If the claimant is UNDER 50:
Can the claimant work any other job?
If the claimant is 50 OR OLDER:
Does the claimant have any skills that would transfer to other work with minimal adjustment?
The disability claim evaluation process is complex and mistakes are unforgiving. It is strongly encouraged to hire an attorney with experience who can navigate the filing and appeal process. Most importantly, your attorney can forecast what is needed to put you in the best position to win.
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