The length of time it takes to resolve a disability appeal with a lawyer can vary significantly, but generally, it may take several months to a few years, depending on the case and the stage at which the appeal is filed.
When applying for Social Security Disability Insurance (SSDI) benefits, many initial claims are denied, which leads individuals to file an appeal.
The process of appealing these decisions can be long and frustrating, but having an experienced Texas disability lawyer by your side can help.
Call or text 800-562-9830 or complete a Free Case Evaluation form
Stages of the Disability Appeal Process
Receiving a denial notice can be disheartening, but it’s important to remain persistent. You still have the opportunity to proceed to the next stage and continue advocating for your disability benefits. With each phase, you can strengthen your case and ensure it receives further review.
Your appeal begins at the administrative level and may move to the Appeals Council. If needed, your attorney can take your case all the way to Federal Court. Each denial provides an opportunity to progress to the next level.
Request for Reconsideration
After a denial, you can ask the Social Security Administration (SSA) to reconsider its decision. This stage allows you to present new evidence or information that was not part of your original application.
To initiate this process, you must complete the request form, which can be submitted either by you or your attorney to the nearest Social Security office.
Hearing
If you’re unhappy with the SSA’s decision on your reconsideration request, you can request a disability hearing with an administrative law judge (ALJ).
It may take some time to schedule the hearing, but once it takes place, the judge typically issues a decision within about a month. While this is an estimate, your attorney has no control over how long the process may take.
Appeals Council Review
If the judge denies your claim, the next step is to request a review from the Appeals Council. They will assess the ALJ’s decision. This request must be made within 60 days of receiving the hearing decision.
Federal Court Review
If the Appeals Council denies your claim, you still have one final option: filing a federal court action with the U.S. District Court. At this point, you’re essentially taking legal action against the SSA in federal court, moving the review process beyond the administrative level.
For a free legal consultation, call 800-562-9830
What Factors Could Affect the Timeline of a Disability Appeal?
The timeline of a disability appeal can vary widely. Let’s take a look at some of the factors that could influence how long your appeal takes.
The Stage of the Appeal
You now know that the appeal process involves multiple stages, from reconsideration to hearings, Appeals Council review, and even federal court. Each stage takes different amounts of time, and some cases may skip stages or experience expedited processes.
Case Specifics
Cases involving more complex medical conditions, a lack of clear medical evidence, or incomplete documentation may take longer to process.
Lawyers can assist in gathering the necessary medical records and providing expert testimony to support the claim, but the length of time required to compile this information can add to the delay.
Backlog in Your Local SSA Office
The Social Security Administration (SSA) is responsible for processing disability claims and appeals, and each region may experience different levels of caseload.
Some areas may have longer waiting times than others, depending on the demand for disability services and the efficiency of the local SSA office.
Availability of a Lawyer
Having an experienced disability lawyer can potentially shorten the appeal process, as they will be able to handle your case efficiently and provide top-tier guidance.
Lawyers who are familiar with the intricacies of the Social Security Disability process are often able to face the system more quickly than claimants working alone.
Expedited Processing
Certain cases may be eligible for expedited processing. These include individuals who are terminally ill, have a dire medical condition, or meet other criteria for quicker review.
If you or a loved one are in such a situation, working with a lawyer can help ensure that the request for expedited processing is properly submitted.
The Role of a Lawyer in a Disability Appeal
When appealing for Social Security Disability benefits, having a lawyer by your side can greatly impact both the outcome and the timeline of your case.
An attorney with experience in disability cases can guide you throughout the process, from submitting the initial appeal to representing you at the hearing. Here are some important ways a lawyer can assist you:
Filing the Appeal
A disability lawyer ensures that all required paperwork is submitted correctly and on time, preventing delays that might occur due to missed deadlines or incomplete documentation.
Gathering Medical Evidence
Medical evidence is crucial for supporting your disability claim. A lawyer can help collect and present the necessary medical records, which may increase the likelihood of a favorable outcome.
Representation at the Hearing
If your case moves to a hearing before an ALJ, having a lawyer who understands the process can make a significant difference. They will prepare you for potential questions and advocate for your case effectively by presenting evidence and cross-examining witnesses.
Appealing a Denial
If the ALJ denies your claim, a lawyer can help you determine whether to appeal the decision to the Appeals Council or take the case to federal court. They can offer advice on your chances of success and guide you through the often complex legal process.
Contact Marc Whitehead & Associates to Speak with a Disability Lawyer
So, how long does a disability appeal take with a lawyer? The disability appeal process can take a significant amount of time, and the length of time will depend on various factors.
At Marc Whitehead & Associates, we understand the challenges that come with the disability appeal process and are here to assist you every step of the way. Contact us for a free consultation to discuss your case, and visit our FAQ page to learn more.
