After a ALJ hearing, when does the ALJ make his/her decision?

Asked over 2 years ago - Clearwater, FL

In addition, can what you do after the hearing (like get a job) impact the decision?

Attorney answers (4)

  1. Francisco Javier Gonzalez

    Pro

    Contributor Level 11

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    Answered . This depends greatly on the ALJ. We have had experiences with ALJ's that will state that he or she agrees with our attorney's brief, and will verbally grant the case. However, we still need to wait for a written decision from the ALJ before benefits are paid. Other ALJ's will take all matters presented at the hearing "under advisement" and will make a decision some time after the hearing (an average of 30 to 60 days).

  2. Robert Jason De Groot

    Pro

    Contributor Level 20

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    Answered . As soon as they can. If you can work you are not entitled to disability benefits. Getting a job would certainly impact the decision. So, yes what you do after the hearing, like getting a job, will affect an award.

  3. Garry Wayne Miracle

    Contributor Level 9

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    Answered . ALJ's usually take 30-60 days in that office to send a written decision. But, I have seen it take longer. As for waorking, if you take a full time job or earn more than $1,000 a month you are not considered disabled. If you are found disabled and go back to work you should do so through the Social Seurity back to work program. You can find information about it at SSA.gov.

  4. Clifford Michael Farrell

    Contributor Level 19

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    Answered . Some judges make their decision right at the hearing and read it in to the record. More normal is that the ALJ takes 30 to 60 days to issue a written deision. Some judge's are slower than that. It is rare, bu I have seen 1 judge take 9 months..

    What you do can impact the decision. If you work and pay taxes, the payment center where checks are processed will eventually notice the new taxes appearing on your earnings record. SSA will then either start an investigation into your work activity, send the cae to the Appeals Council to see if you wwere ever disabled, or even start a fraud investigation.

    Your question is pretty vague. If you had an attorney I suggest you talk to that attorney right away and let him or her know what is going on so you can get more exact advice. If you do not have an attorney, you may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    I hope this information helps. Good luck to you!
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