QUESTION
I've been trying to apply for disability since July 30, 2012. My lawyer said I have to wait till 2017 for a hearing. Why?
Asked on Dec 11th, 2015 on Social Security Disability - Texas
More details to this question:
I have severe scoliosis that could lead to death. It's progressing quickly and I had an upper left lobectomy (removal of upper left lung) when I was 3 as well as many, many other surgeries. No doctor is wanting to do a fusion of my spine because of the risk that comes with it. They are afraid that i'll die during the procedure so it's better the just wait it out and hope for the best. This is from 4 different specialists and 2 surgeons. I cannot lift more than a gallon of milk (8 pounds). I cannot work due to liability. I cannot walk to the kitchen without shortness of breath. I have to slowly roll out of bed because every little movement hurts badly. I don't have medical insurance. I recently applied for Medicare online, and I'm waiting on a response. Any advice would be wonderful. I'm in a pickle here and it doesn't seem like my lawyer is doing anything. They are asking 35% of my back pay as payment for their service, yet it seems that they are deliberately keeping my case held back.
1 ANSWER
Jessica Kurtz
The Social Security Administration is notoriously backlogged, so it is taking longer and longer for hearings to be scheduled. The average wait time for a hearing is approximately 15 months after filing the appeal for a hearing (however, it varies from hearing office to hearing office). During the wait for the hearing, your attorney should be assisting you by working up your file and collecting medical evidence to support your claim. Social Security attorneys’ fees are regulated by statute; an attorney can collect 25% of your back pay, but that amount is capped at $6,000.
For more information, visit the frequently asked questions section on our Social Security Disability page.
Answered on Dec 18th, 2015 at 2:08 PM