My case was filed on 2-29-16, that means it's been 60 days, still no response or request for extension by social security. Could social security default, or is there a backup to the backup by social security?
It would be extremely unlikely for the SSA to default. I suggest you discuss this with your attorney to find out the status of the suit.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
SSA is slow as molasses with the processing of its disability cases. I don't know what you mean by "filed" on 2/29/16 but if that was when your initial application was submitted, it's extremely unlikely that anything will have occurred in your case by now. Seconding the suggestion that you check with your attorney about what your expected timeline should be.
Check with your lawyer for specifics, but the 60 day limit I believe you are referring to only begins to run once SSA is served, not from when the case is filed.
Generally the Social Security Administration will not respond within 60 days. If you used the services of an attorney to file suit, contact your attorney and he can advise you further regarding Federal Court appeals.
Your claim will not be processed in 60 days. It will more likely take 12-24 months in NYC. A case in Federal court is several years away. Realistically, a case cannot get to Federal court in less than 3 years in NYC. I have seen a few cases miraculously processed and sent to an Administrative Law Judge in less than a year, but that is a rare exception, not the norm. And even then, it would still take almost 2 years to get to Federal court. If you need assistance with the process, contact a local disability attorney. An attorney can explain the process and prepare you case so you have the best chance of winning.
Generally, claimant's have 60 days, plus 5 for mailing, to appeal an adverse determination, either at the initial claims or a reconsideration levels. So, generally, it will take 3 to 4 months, depending on the jurisdiction, for social security to make a ruling on an initial application and probably the same time for the state agency to make a ruling on a request for reconsideration. There is a big backup at the hearing level with times in my jurisdiction reaching 18 months now.
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