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How normal is it for an ALJ to take more than six months to decide a disability case after the hearing?: Applied for Disability, went through the process until I got a hearing with the ALJ, and was told it would take about two months for her to reach a decision. That was in October. Just wondering if it's normal for the process to take this long, and if I can hope for an answer before an end to the pandemic. Confirmed the court isn't waiting on me by calling the local office, was told to check back in 30 days.

Asked 2 months ago in Social Security

Marcia’s answer: It all depends on your judge’s workload and the workload at your local hearing office. Your decision may also be delayed If there was any additional medical development that was needed after your hearing. That being said, six months is beyond the national norm. While it is good that you called your local office you should try calling and at least leaving a message at your hearing office. Just let them know that you are concerned because you haven’t received the decision and ask that it be re-issued if one had been mailed out before.

Answered 2 months ago.


Who is entitled to receive lump sump back pay of Social Security Disability Benefits of a deceased recipient with an estate?: My daughter’s father passed away prior to receiving his Social Security Disability (SSDI) back payment for almost two years. He was divorced and left a significant estate- it was no will and the estate is currently in probate and my daughter is his only beneficiary who is still a minor (17) .Who has a right to receive this Social security back pay - my daughter ( I am her representative payee with Social Security} or a legal representative if her father’s estate?

Asked 2 months ago in Social Security

Marcia’s answer: Social Security will follow the claim of the family before an estate. If your daughter's father was not married and living with a spouse at the time of death, the back pay is due to his children. It will not matter if the other children are not minors - the funds will be divided equally between them. You should contact Social Security immediately and submit an SSA form 1724 which is a claim for funds due to a deceased beneficiary.

Answered 2 months ago.


Is there a disadvantage in hiring an expert federal disability attorney who specializes in FERS coverage that is out of town?: I need to file for medical disability due to my diagnosed major depressive disorder, severe anxiety and sleep apnea because I’m experiencing suicide ideation and can’t focus and concentrate to do my job.

Asked 5 months ago in Social Security

Marcia’s answer: I almost always agree with Mr. Pont. However, it is my experience that FERS is such a specialized area and there are so few attorneys that work in this area that you should retain the most experienced attorney that you feel comfortable with.

Answered 5 months ago.