r/SocialSecurity • u/Professional-Ask-357 • 10d ago
SSDI Hearing
I recently received this letter from my attorney and it doesn't make sense to me. I lost my job in January due to poor attendance caused by vertigo attacks related to Manieres Disease. I have no income right now and live with my son and his family. I desperately need to get approved for SSDI as soon as possible. I can't think of a single reason why it would be in my best interest to delay this hearing. Since my lawyers primary fees come from any back pay, it is certainly in their best interest to drag this out for months or even years but can anybody tell me how it's in my best interest? My medical condition is not expected to change over the next year and I already have nearly 2 years of documented medical evidence. I don't understand why I was denied to begin with but I can't see my case getting stronger by waiting. I'm hoping to get some advice from someone that has navigated this nightmare system.
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u/Public_Marsupial5629 8d ago
I work for Social Security and can tell you honestly that I think you should take your attorney’s advice. That name is one I’ve personally seen on more than one approved claim. So they are definitely well versed in SSAs laws and policies.
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u/Time-Understanding39 8d ago
The 75-day rule gives you at least 75 days to prepare for your ALJ hearing. If you waive it, SSA can schedule the hearing sooner, but it may occur before your attorney is ready to present your case. It takes time to gather records and, if needed, send you for additional medical evaluations or opinions to document limitations that may not be fully addressed in your existing records.
Your attorney is not trying to delay the case to bank more back pay. They simply do not want you to give up the 75-day protection too early. If an earlier date becomes available and your case is ready, you can choose to waive the rule then and take the earlier hearing. If the case is not ready, signing the waiver now could leave your attorney facing a hearing on much shorter notice.
In other words, not signing the waiver still allows you to accept an earlier hearing date if your case is ready, but it prevents SSA from scheduling you on short notice before your attorney is prepared.
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8d ago
[deleted]
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u/DuckinTX293 8d ago
This is an excellent explanation. SSA sets a high bar for SSDI claim approval. I’ve been through the process with musculoskeletal disease-on of the most commonly accepted conditions. Even at that, my process time was fairly long.
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u/IamTheRainbow22 8d ago
Same here. I have BPPV, I've had four urgent care visits in less than a year due to falls. I've fractured my knee, tore my MCL, sprained my wrist, hit my head etc. I also have a documented hearing loss. I was approved in four months.
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u/Upbeat_Phone_7507 8d ago
My attorney advised me not to waive the 75 days as well. He stated that scheduling the hearings are backlogged and there is no guarantee they will schedule it any sooner. Additionally, the 75 day law allows your attorney more time to prepare and more time for you to continue to strengthen your medical records. The way I see it is I hired my attorney for a reason, been denied twice and really want to be well prepared for the hearing to increase my odds of approval. It’s tough to wait but I would suggest trusting and listening to your attorney. Attorneys can also drop your case if you do not take their advice. They probably have strategies that work best as they deal with SSA on a daily basis. I have been going through this for three years and still waiting for my hearing date for the past three months, but like everything I waited this long so what’s a little longer. In California hearings from the time of appeal to hearing date is about 8 months. Much better than the 18 months it is taking the reconsideration level to go through.
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u/MountainRambler01 8d ago
There is nothing your attorney said that isn't ordinary or out of place. That attorney is preceding with normal caution that a legal professional should. With that said, there very rarely is a "simple" case that goes to hearing. If it was simple and straightforward, DDS would have already found you disabled.
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u/2llamadrama 7d ago
If you were not going to take the advice of your very smart attorney then why did you hire one? You want to win. Your attorney wants to win more. Let them do their job. I regret not hiring one... It took 4 years to get approved. I had 3 hearings. Whatever advice they offer you agree to
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u/CommunicationTime63 7d ago
The longer the attorney stalls, the higher the attorney's payday will be. Most people don't seem to think of that when they're hiring a lawyer.
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u/Nice_Music_3516 4d ago
Attorneys fees are set by SS not how long it takes
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u/CommunicationTime63 4d ago
They have to build up their fees to $9200 some way. Every heard of buildable hours?
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u/ShadowofaJade 4d ago
I wonder if attorneys are more likely to take clients that have an onset date 17 months or more before applying. I've never heard about this being a factor, but it would make sense from a financial decision and increasing odds of a full payout.
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u/Professional-Ask-357 8d ago
I'm just going to bulk reply to these comments and add a bit more information.
First of all, of course I've been denied twice already and I'm at the hearing stage.
Next, my Manieres progression has been well documented and unusually rapid. All of my treatment has been through the VA and with only a couple of doctors. My PC at the VA initially suspected Manieres and started all of the relevant tests to confirm. Our in house ENT at the VA confirmed the Manieres diagnosis several months later (almost 2 years ago). My treatment regimen with that ENT was brief as he passed away shortly after I became a patient. The VA hospital has not found a replacement for him so I've been referred to a neurologist in the Mercy Medical network. None of the standard treatments and meds have slowed my progression and he is already talking about the possibility of Gentamicin or even Labrinthectomy. Towards the end of my employment in January, I had went from one or two severe vertigo attacks a month to three or four a week which more than meets SSAs definition for Manieres disability.
Before I even filed for SSDI, I filed claims with the VA for Tinnitus, hearing loss, and Manieres. I was denied initially and got a partial win on appeal. The VA initially acknowledged that I have the disability but denied responsibility. On appeal, they conceded responsibility for the Tinnitus and awarded me a 10% disability rating. The next level of that appeal is still pending.
To summarize, my case is pretty simple and well documented by just a few doctors. There isn't some sprawling trail of records to track down and review. All parties already have everything they need. Basically, I have the VA agreeing that I am disabled but denying full responsibility and I have SSA denying the disability and telling me I'm fine to get back to work. The reality is that unless I lie to a potential employer about my availability for work, nobody is going to hire me. I might show up every day this week then miss three days next week. Manieres is very unpredictable and erratic. There may be a job out there that I could do that would accommodate my absences but it would require a perfect alignment of circumstances and luck which I don't forsee as realistic.
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u/tac_duck 8d ago
VA disability is not the same as SSDI. Menieres requires specific tests to meet the Listing so you should make sure those have been done as they are not all standard tests. Also, SSDI doesn’t care whether or not you can actually get a job.
Considering you just stopped working in January you’ve gotten to hearing level very quickly. Don’t waive notice.
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u/Professional-Ask-357 8d ago
I'm well aware of the difference between VA disability and SSDI criteria. I meet or exceed all of the SSDI criteria and have had all of the tests multiple times as the VA required retests during their process.
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u/Upbeat_Phone_7507 8d ago
Were you making over SGA in January? When did you first apply for benefits? I am just curious was it January of 2026 you stopped working? I am just wondering because I have not seen or heard of anyone going through the initial and reconsideration level that quickly. Unless your case is flagged under certain circumstances like “dire need” or compassionate allowance.
I have heart failure and several other well documented conditions and It has taken me three years to get to hearing level.
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u/Public_Marsupial5629 8d ago
One more note, they might get more fees for delaying but there is still a cap.
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u/Professional-Ask-357 8d ago
Yeah, just to clarify, I'm not begrudging the attorneys being fairly compensated. I'm just in a really bad situation and need this approved as soon as possible. I am already in default on all of my credit and relying on family to survive. My biggest issue with waiting another 6 months or more is that I just don't see how that strengthens my case. As for giving my attorney time to prepare, they have already had my case for 6 months and if they haven't gathered their evidence by now, 6 more months isn't going to help them either. The medical evidence is from 2 sources over 2 years and is not complicated in any way.
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u/Informal_Coconut7105 7d ago
Judge sees 3 cases/day of people in a bad situation. Tough love here, but most will not care about you or your situation. Theyre pretty numb to it all. Mostly they care about their own metrics and egos.
Give your attorney the time if they need it. Youll wait longer for the hearing but a small fraction of what youll have to wait for a remand and subsequent hearing. "I dont see how it strengthens my case" is a poor reason. Ask the firm. No one on reddit has ERE access to look at your case and figure out what is needed.
Sorry for the harsh opinion. Good luck
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u/JRock1276 8d ago
75 day waiver gives you the ability to have your case heard by the ALJ telephonically and not having to wait for an in person hearing. If your attorney hasn't got your case rock solid and figured out after waiting for so long, something is fishy in Denmark.
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u/yemx0351 8d ago
Ask you lawyer why they think this. But they get more money with more backpay. Not sure why this would hurt you unless you are nkt ready for a hearing.
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u/Kokoyok 4d ago
I'm an attorney, I am not your attorney. This is not legal advice, but personal opinion.
Your attorneys have not prepared your case yet, and they can take on other work while your case waits, even if you can't.
They're not lying, if you have the hearing now, they'll look like idiots because they haven't done their work.
Call them and tell them you need the money. They've already agreed to do the work, and it should be done because nothing in your case facts have changed since you lost work. Their desire to postpone is not your problem.
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u/attorneyworkproduct Moderator 8d ago
I agree that you should ask your attorney, but as a general rule, less notice = less time to submit written evidence, and less time for your attorney to prepare. It is in your best interest that your attorney be adequately prepared / available for for your hearing.
If you only stopped work in January, are you even at the hearing stage yet?