Of the almost two million applications filed annually for disability benefits, the Social Security Administration disability review process denies benefits to about 62% of them. The Social Security disability appeals process provides you with a way to challenge a denial of benefits, but it takes time.
The six to eight months it could take for an initial decision after applying can feel like an eternity when you’re struggling financially. Before going through the appeal process, it’s understandable for you to ask: “How long does a disability appeal take with a lawyer?”
This blog from Sackett and Associates, the premier California disability attorneys representing people with disabilities nationwide for more than 45 years. Whether you need advice you can rely on or skilled representation, contact Sackett Law for a free consultation.
Levels Of The Social Security Disability Appeal Process
When the Social Security Administration makes a decision or determination that you disagree with, you have the right to challenge it through an appeals process. The process has four levels:
- Reconsideration: A request for reconsideration has your claim assigned for review to an examiner who did not take part in making the initial determination.
- Hearing with an administrative law judge: A determination at the reconsideration level may be challenged by requesting a hearing.
- Appeals Council review: An unfavorable decision at the hearing level may be appealed by requesting a review by the Appeals Council.
- Federal District Court Civil Action: The last level in the appeals process requires that your disability appeal attorney file a civil action in a federal district court.
You have only 60 days from receipt of the notice of determination at any level of the appeals process to appeal it to the next level. Be mindful that Social Security assumes the date of receipt to be five days from the date of the notice.
You can request additional time, but you must prove good cause for meeting the disability appeal timeline. However, it’s safer to avoid having to request more time to appeal by contacting a disability appeal attorney at Sackett Law as soon as you get the decision or determination.
How Long Does The Appeals Process Take?
The disability appeal timeline depends on the level in the appeals process. The following are estimates of the time it takes at each level of the process, beginning with the initial application review:
- Initial application review averages about 6.5 months before you receive the initial determination of your claim.
- Reconsideration can take from three to nine months for a determination.
- Hearings with an administrative law judge could take a year or more for a decision before scheduling a hearing. After the hearing, you could wait another seven months or longer for the ALJ to issue a decision.
- Appeals Council review could take a year or longer before you receive a decision.
- Federal civil action timelines depend on how busy the judge assigned to the case happens to be at the time. Generally, expect to wait up to 24 months for a decision from federal court.
The number of cases pending at any given time and other factors can influence how long you may have to wait for a decision at each level in the process. Factors may include:
- Staffing levels at the offices handling each level in the appeals process and the number of pending cases can increase wait times.
- The length of time it takes for medical records from your healthcare providers to be sent to the sent in response to a request from any level of the appeals process.
- The nature and complexity of the medical condition can affect the time it takes before you receive a decision at each level.
An SSD appeal with a lawyer may take less time than one where a claimant represents themselves. A disability appeal attorney understands the procedures at each level of the appeals process and how to anticipate and be prepared for requests for documents from disability examiners or administrative law judges.
Advantages of representation during the appeals process
Going through an SSD appeal with a lawyer has its advantages, including:
- An experienced disability attorney knows what evidence to submit to strengthen an appeal.
- Prepares you for a disability hearing and questioning by an administrative law judge.
- Checks the status of your appeal to address issues that may cause delays.
- Keeps track of appeal deadlines and submits appeal requests on time.
A disability appeal attorney from Sackett Law gives you the chance to focus on your medical condition because your claim for SSD benefits is in capable hands.
Trust Sackett Law with your SSD appeal
Sackett and Associates has been the disability law firm that people throughout Northern California and nationwide have trusted for more than 45 years. Reach out today for a free consultation.
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