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Frequently Asked Questions Regarding What Happens After a Hearing

1. How long until we get the decision?

   Unfortunately there is no time limit on judges to render a decision. Additionally, sometimes a judge will order a Supplemental Hearing if the judge feels they do not have enough information to make a decision. Once a judge makes their decision, it is sent to someone called the decision writer. Just as there aren’t very many judges to look at all the cases sent to them for hearings, there aren’t very many decision writers to write up the decisions. Once the writer does write up the decision, it will go back to the judge before being sent out. It can go back and forth several times as they want to make sure there aren’t any mistakes in the decision. We have seen decisions go out more than a year after a hearing. Some decisions are issued within 1 month, but most take longer. The hearing’s office will mail copies of your decision to your address and to our office. Even if the judge states what their decision is at the hearing, we still have to wait for the official, written decision to be sent out before anything else happens.

2. What happens if it is an unfavorable decision?

   Unfavorable hearing decisions can be appealed to the Appeals Council. The Appeals Council can reverse the judge’s decision, agree with the judge’s decision, or send the case back to the judge for another hearing. Our office does not automatically file appeals at this level. Once we review the decision we will let you know whether or not we are going to appeal. If we decide not to appeal, we will provide you with your medical records so that you may pursue the appeal on your own or with another attorney.

   You should also visit your local Social Security Administration to see about filing a new claim as soon as possible. A new claim will not affect the claim at the Appeals Council.

3. If it is a favorable decision, how soon will I get my money?

   Once the written decision goes out from the hearing’s office, it generally takes 2 to 3 months for Social Security to process your backpay. During this time the Social Security Administration may contact you with questions regarding your work history and current assets. It is very important that you give them this information as soon as possible. The sooner they have this information, the sooner they can process your payments and send you your benefits. Our office does not have access to the Social Security Administration’s payment processing system. If after 3 months you have not received any payments from Social Security, please call your local Social Security office.

4. Once I get my money, do I then pay you your fee?

   No. The Social Security Administration sends us our fee out of your backpay. The only time you would send us money directly is to reimburse our office for the money spent gathering your medical records.

5. Why isn’t my backpay bigger?

   Social Security does not calculate your backpay from the onset date of your disability. They will not pay you for the first 5-6 months of your disability.

   If you owe Child Support or received interim assistance from Job and Family Services, money you owe to these 2 programs will automatically be taken from your backpay.

   Sometimes money from your backpay will also be used to reimburse long and short term disability payments you received from a former employer. This is not necessarily automatic, and you should contact Social Security if you have questions regarding this issue.

   Payments received from Workers’ Compensation can also affect your backpay and future benefits.

6. Why is my backpay too big?

   As odd as this might sound, sometimes the Social Security Administration miscalculates and sends someone too much money. When this happens, they will recalculate their figures and take the extra money back. If you believe you have been given too much money, or if you receive a letter saying that they have overpaid you, contact the Social Security Administration right away.

7. Is there anything else I should know about my payments?

   Possibly. Our job is to get your Social Security claim approved. Once your claim has been approved, it is Social Security’s job to handle your benefits. It is highly recommended that you make an appointment with Social Security to go over any payment questions you might have, and to get information that you may not know to ask for.