How Long Do I Have to Wait Before I Get a Decision from an Administrative Law Judge?

Well you finally had your at court and the judge has asked you questions. You’ve answered all your attorney’s questions. You’ve heard the testimony of a vocational expert or medical expert. And you are wondering, when am I going to know if I have been granted Social Security Disability benefits?

The administrative law judge normally makes a decision shortly after the hearing so long is that there is no additional evidence that they have requested or that we wish to submit. The administrative law judge takes about six to eight weeks to issue a decision.

Unfortunately, in the Tampa Bay area you can expect to wait 24 months from the time you file your request from the time until you have your actual hearing and then expect to wait yet another two months before you get the decision.

We always ask for a ruling, on the record, reserving our rights for a hearing. At Cavey and Barrett, we ask our clients to provide us with ongoing information about their medical treatment and gather records to support your claim. We continue to provide this information to the Social Security Administration and do a pre hearing “Memo of Law” asking that the judge accept your claim based on the evidence that we have gathered. You can help us help you by keeping us updated about your physicians and treatment that you have rendered. At Cavey and Barrett, attorney Sharon Barrett, knows how important it is to work closely with her clients to ensure the best results possible.

Social Security Disability attorney Sharon Barrett has written the consumer guide to the Social Security Disability claims process called Your Rights to Social Security Disability Benefits. Get Your Copy Today!

If you would like more information about your rights regarding Social Security Disability Benefits, you can order our FREE book,"Your Rights to Social Security Disability Benefits" by submitting the form in the sidebar. We will send it out immediately along with other important information.

For more information about Social Security Disability Benefits, visit our law firm web site at CaveyLaw.com. If you would like to speak with one of our Social Security Disability Benefits attorneys about your case, feel free to call us anytime at (727) 897-9117 or simply submit our contact form and we will get back to you quickly.

Denials of short and long-term disability claims

It wasn’t uncommon in the 1980s for disability insurance companies to try to outdo each other by writing very liberal policies that favored the insured consumer.

The long-term disability carriers were going after the growing market for professional disability coverage because of the huge premiums. Unfortunately, they ended up paying out more in claims because the policy language was so liberal. We have seen over the last several years, particularly with the worsening economy, an increase in the number of claims denied.

If you file a disability claim, you should expect to be denied because most carriers know that people whose benefit claims have been denied will go away.

At Cavey & Barrett, we urge you to keep fighting. We can assist you in getting your medical records, talking to your physicians, and getting documentation from your physicians explaining how you meet the long-term disability policy’s requirements to be eligible for benefits.

If you retain an attorney who represents plaintiffs in ERISA cases, the chances are that you will obtain your benefits.

If you have any questions feel free to contact us at www.caveylaw.com or give us a call at 727-894-3188.

What’s the Family Medical Leave Act?

The Family Medical Leave Act lets workers take up to 12 weeks of unpaid leave each year without losing their job. However, to be eligible for the Family Medical Leave Act you must show that there is a serious health condition that you suffer from or that you are caring for an immediate family member who has a serious health condition. When you are on FMLA your health insurance benefits must continue.

The FMLA only applies to employees of private companies that have 50 or more employees who work within 75 miles of the employer’s work-site. You need to have worked for the employer for at least a year and you need to have worked at least 1250 hours during the 12 months immediately prior to your leave.

Employees who work for public agencies or public or private elementary or secondary schools are eligible for the FMLA regardless of the number of employees.

If you have any questions feel free to contact us at www.caveylaw.com or give us a call at 727-894-3188.

Will the number of sick days, vacation days or personal days I have accumulated impact my continued health insurance coverage?

If you have healthcare insurance through your employer, we at Cavey & Barrett suggest that you use those days before resigning. Any part of the premium you have to pay for your health insurance will continue to be deducted from your paycheck.

This will allow you to keep health insurance coverage at your employer’s expense until you are terminated.

If you have any more questions feel free to contact us at www.caveylaw.com or call us at 727-894-3188.

How Can I Get a Fast Hearing on My Social Security Claim? | Social Security Benefits Denied Attorney

There are only three circumstances in which you might be able to get a fast hearing on your Social Security Disability claim. To get an expedited hearing you must show:

  1. That you are 55 years or older. The claim is more easily decided by a Social Security Administrative law judge if you are older than 55 because under the Social Security rules you fall into the less restricted disability category. Sharon Barrett, an experienced Social Security Disability attorney, practicing in Florida may file a request for expedited hearing once her clients reach the age the of 55.
  2. If you are at critical risk of death because emergency life saving surgery can’t be performed, you may be able to get an expedited hearing. However, you are going to need a letter from your doctor explaining the medical urgency which necessitates an expedited hearing.
  3. You received a notice of eviction, foreclosure or acceleration of mortgage payments. That might also a ground for asking for an expedited hearing.

There really are no guarantees that any of these three situations will result in the Social Security Administration scheduling an expedited hearing. You must understand that despite the most compelling circumstances, the Social Security Administration does not always grant requests for expedited hearings.

If you have any questions about whether your personal circumstances might entitle you to an early Social Security Disability hearing, contact Social Security benefits denied attorney Sharon Barrett at www.caveylaw.com or by calling us at 727-894-3188.

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