How Long Should I Expect To Wait Before A Decision Is Made On My SSDI Or SSI Claim?

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The SSDI and SSI application process can be a long and winding road toward receiving your monthly benefits. Once you have filed an initial application, it can take up to 4 months before you receive your initial decision from Disability Determination Services.

What Happens When You Are Denied

If your SSDI claim was denied in New Mexico, a process called reconsideration begins after you receive your initial decision. Reconsideration, which is the stage our office begins to take on cases, can take anywhere between 6 and 8 months before a decision is made.  Some instances of appealing social security disability decisions will exceed this time frame due to factors that vary from case to case.

If your SSDI claim is denied in New Mexico, once you receive your reconsideration decision, a hearing needs to be requested with an Administrative Law Judge (ALJ). Once this process begins, you are looking at a timeframe anywhere between 16-18 months. This is due to the process that leads up to properly developing your case evidence before the hearing, among other factors. Once your hearing is assigned to an ALJ, you will have meetings with your attorney to prepare for what goes on at the hearing, as well to ensure that your case evidence has been properly submitted. It will then take approximately 30 to 90 days to get a hearing decision once the hearing had been held.

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If your SSDI claim was denied in New Mexico

Cases can also go beyond this point if the judge makes an unfavorable decision in your case.  If this occurs, you need assistance appealing your Social Security disability decision to the Social Security Appeals Council. Cases at the Appeals Council level take anywhere between 16-18 months.  During this time, there are no meetings with your attorney.  The case takes that long to review to determine whether the judge’s decision was reasonable. Most attorneys stop here, but at our office, we consider taking cases all the way to Federal Court. If the attorney decides some issues can be appealed at Federal Court, there is no definite time period to expect to wait. This stage moves on a case-by-case basis. If your case is won at Federal Court, it will end up back at another hearing before an ALJ.  Even so, this is another opportunity to submit additional evidence in support of your case. With all of these complex factors involved, it is important to contact an attorney from Michael Armstrong Law if your SSDI claim was denied in New Mexico.

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