How long a Social Security Disability appeal takes depends on various factors. Generally, it can involve an extended process that lasts several months to several years. Understanding the process and what happens at each stage is important when preparing for your case.
Below is a closer look at the stages and how a Houston Social Security Disability appeal lawyer from our law firm can help with each one. The timelines mentioned are estimates, as your case could take more or less time. We can advise you further upon reviewing the details of your situation.
The Appeals Process Starts After You File Your SSD Application
When you apply for Social Security Disability (SSD) benefits, the Social Security Administration (SSA) reviews your application to see if you qualify. It will look at your medical records, work history, and other information. This process can take anywhere from three to seven months.
Sometimes, even if you believe you should get benefits, the SSA might deny your initial application. This can happen for many reasons, and it happens to many people who file claims for the first time. It can also happen for various reasons.
For example, your application may be missing important information, or you may not have submitted enough evidence of your disability. If your initial application is denied, don’t give up. A Social Security Disability appeal is a chance to prove why you need benefits.
For a free legal consultation, call 800-562-9830
Reconsideration
If you have received notice that your initial application for SSD benefits is denied, you can request a reconsideration. You have 60 days from the date you receive the denial notice to make your request.
During reconsideration, new examiners from the SSA and your state’s Disability Determination Services (DDS) office will review your case. This stage can take at least six months or longer.
How we can help: Our Social Security Disability lawyers can work on your case and submit all necessary medical documentation and evidence accurately and promptly. We also can provide a detailed explanation of why your disability claim should be approved.
Administrative Law Judge (ALJ) Hearing
If you learn your claim was denied during the reconsideration stage, you can request an Administrative Law Judge (ALJ) hearing. The high volume of cases can affect how long you wait for a hearing date, which can take 15 to 18 months or longer.
During the ALJ hearing, the Judge will review your medical records and hear your testimony about your medical condition and the treatment you receive. They may also listen to witnesses or expert opinions. You can also share how your disability affects your ability to work.
How we can help: Our law firm can represent you at the ALJ hearing and present your case. We can also prepare you for questions the Judge may ask and gather additional evidence or expert testimony to strengthen your case.
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Appeals Council Review
If the Administrative Law Judge does not approve your claim, you can request the Social Security Appeals Council to review it. The council may take several months, maybe eight months to one year or more, to decide whether to review your case.
How we can help: We can draft a strong written argument highlighting the errors or overlooked evidence in the ALJ’s decision. Our knowledge of the law and procedural rules can make a substantial difference when persuading the council to review and overturn the decision.
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Federal Court Review
If the Appeals Council denies your request or you disagree with its decision, the last option you have is to file a lawsuit in federal court. This stage can take several months to a year or longer and varies greatly depending on your case’s specifics.
How we can help: We can file the legal documents for your case, represent you in court, and argue your case before a federal court judge. We will use our trial experience to protect your rights and interests and work for the best outcome.
Tips to Manage the Social Security Disability Appeal Process
Whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income benefits, navigating the Social Security Disability appeals process can take a lot of time to complete.
Still, you can take several steps to help move your case along and help your chances of a favorable outcome.
Here are tips to streamline the SSD appeal process:
- Complete and accurate application: Ensure your initial application is complete and accurate, including all necessary medical documentation.
- Timely responses: Respond promptly to any requests for additional information from the SSA.
- Stay organized: Keep all your medical records, correspondence with the SSA, and legal documents in one place. This organization will help you quickly find and submit necessary information when needed.
- Follow up regularly: You can routinely check the status of your appeal with the SSA to ensure there are no unexpected delays. Staying in touch with your attorney can also help you stay informed about any developments in your case.
- Legal help: Consider hiring our social security disability lawyer, who leads SSD appeal cases, to help you through the process and potentially expedite your case.
Call Us Today for Help With a Social Security Disability Appeal
A Social Security Disability appeal can take considerable time to resolve, so you need patience and time. The disability claims lawyers at Marc Whitehead & Associates can represent you. Long timelines do not deter us – we will stand by you and see your case through to the end.
For more than 30 years, we have handled clients’ complex claims and worked hard to achieve positive outcomes for them. Disability is all we do, and we are committed to fighting for you and helping you secure the benefits you deserve. Call us today for a free consultation.
Call or text 800-562-9830 or complete a Free Case Evaluation form
