Do I really have to wait 18 months to 2 years for a hearing?

Most claimants will have to wait 18 months to 2 years for a hearing. There are a few situations in which the time period may be shortened:

1. Hardship Exception

You can ask that your case be moved up if your home is being foreclosed and you are behind in your essential bills. If you have other housing and are not homeless, this exception does not work. Almost everyone going through this process has financial hardship because they cannot work to earn an income. The hardship exception is a very narrow exception.

2. “On the Record” decision”

This decision can only be made once you are at the Hearing Level. Again, this process is for claimants in certain categories. If you are over age 55 and sometimes over age 50, depending on your impairments and your medical records, you may be a candidate for this decision. The “On the Record” decision process involves a thorough review of your medical records, your impairments and your past relevant work. The attorney submits a request either by writing a letter or a memorandum setting forth their theory of disability citing to the medical records.

If your request for an “On the Record” decision is denied, you still have an opportunity to have your hearing before an Administrative Law Judge to present your case. I review all of my cases to determine if there is a high probability of getting an “On the Record” decision.