how long does it take to appeal a disability case if you have a lawyer

Generally speaking, most disabled workers are provided with a 180-day period in which to develop and submit their appeal. Depending on the complexity of the appeal, it usually takes anywhere from 3 months up to a full 6 months to develop a comprehensive appeal.

Full Answer

How long does it take to get approved for disability?

Many SSDI applicants wonder if their lawyer is really doing anything for their case, but most likely they are waiting (just like you) and for large stretches of time there is not much they can do. If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them.

How long does it take to request a disability hearing?

Unfortunately, the Social Security disability appeals process often takes a long time, from several months to well over a year, depending on how far you have to go up the appeals chain. There are four levels of appeals in SSI and SSDI cases: Reconsideration, Administrative Law Judge Hearing, Appeals Council Review, and Federal Court.

How long does a SSD or SSI disability appeal take?

Initial claims, or disability applications are generally quoted as requiring 90-120 days in order for Social Security to reach a decision. Reconsiderations often take considerably less time than this and it is not unusual for a reconsideration appeal decision to be made within 30 days.

How long does OPM take to verify disability?

 · But some disability reviews may take up to 2 years. The turnaround time is usually determined by factors such as: Though it’s hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months.

How long does the reconsideration process take for disability?

about four to six monthsThe reconsideration process for disability claims takes about four to six months from start to finish. After you file your request for reconsideration, the file is sent to a different person at Disability Determination Services.

What are the chances of winning a Social Security appeal?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

How can I speed up my SSDI appeal?

Another means of expediting the scheduling of a disability appeal hearing is to request a congressional inquiry. To facilitate an inquiry, you must contact the office of your local senator or congressperson and request that they intervene with the ODAR on your behalf.

How long does an appeal for social security take?

A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What happens if you get denied disability twice?

Many applicants who are applying for SSDI are initially denied benefits. If this happens to you, you are able to file an appeal. if your claim is then denied a second time, you can request a hearing and continue the application process.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

How can I speed up my disability decision?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

Why is my Social Security appeal taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied. It doesn't mean that your case is over and that you should give up.

What happens after you get a fully favorable disability decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

What are the chances of winning a disability reconsideration?

On average, the approval chances on reconsideration are only 13%. This means that only in 13% of the cases that were originally denied, DDS reversed the denial into an approval.

What are my chances for reconsideration?

If the claims examiners find that you should have been approved, that your denial was mistaken or inappropriate, you will be awarded your benefits. However, this is rare – only 12% to 15% of applications are approved at Reconsideration. Most likely, your application will be denied again.

How many times can you appeal SSI decision?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

What percentage of disability claims are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

How long does it take to get disability benefits after being denied?

Unfortunately, the Social Security disability appeals process often takes a long time, from several months to well over a year, depending on how far you have to go up ...

What to do if you disagree with the appeals council?

If you disagree with the decision of the Appeals Council, you can file a civil action with the appropriate federal District Court.

What is an ALJ hearing?

Administrative Law Judge Hearing. If you disagree with the reconsideration decision, you can request a hearing before an administrative law judge (ALJ). For the majority of claimants, this hearing is the best shot at winning benefits.

What happens if you disagree with an ALJ's decision?

Appeals Council Review. If you disagree with the ALJ's decision, you can request an Appeals Council review. If the Appeals Council believes a mistake was made, it may send it back to the administrative law judge for further review.

Can you ask for reconsideration of Social Security?

Reconsideration. When the Social Security Administration (SSA) mails you the first written determination of your eligibility (called the initial determination), you can ask the SSA for a reconsideration of the decision, where a different claims examiner will review your claim. Unfortunately, the most common result is another denial.

How long does it take to get a hearing for a disability appeal?

Wait times for a disability hearing can be as long as a couple years in some areas of the country.

What happens if you appeal a disability decision?

If an individual is appealing their initial disability decision, they will have to file a reconsideration appeal. Reconsiderations are a mirror image of the disability determination process at the application level. There is essentially no difference between the two stages other than the fact that a different person works on the claim.

How to win SSI disability?

Related: How to win Social Security Disability or SSI benefits . The best thing a disability applicant can do to speed up the Social Security appeal process is to make sure they (or their representative, who can be a disability attorney or a non-attorney representative), file their appeal quickly if they receive a denial notice.

What to do if disability appeal is denied?

When the reconsideration appeal is denied, the next step will be to request a hearing before an administrative law judge. Disability applicants run into long waits when they file their request for an administrative law judge hearing (the second appeal in the social security appeal system).

How long does it take for a Social Security reconsideration to be approved?

Initial claims, or disability applications are generally quoted as requiring 90-120 days in order for Social Security to reach a decision.

How long does it take for a disability to turn around?

In somes cases, the turn around time can be as a little as a week or so. As one might guess, very few initial disability decisions are overturned at the reconsideration appeal level. In fact, nationally, only about 11-15 percent of reconsideration appeals are approved .

How long does it take to get a decision after a disability hearing?

How long does it take to get a decision following the actualy holding of a hearing? As this page states ( How Long Does It Take To Get The Results Of A Disability Hearing? ), "ALJs will often inform the claimant that they may receive written notification 45 days to 90 days after the hearing date. However, it is not unusual for a hearing office to deliver a decision on a disability hearing only after several months have passed."

How long does it take to get disability?

Though it’s hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months. Social security disability attorneys already know what the SSA wants to see and hear. Their experience and knowledge of the system can help you get approval during the initial application stage. This means you won’t have to go through a lengthy case review and even an appeals process. They may even get you qualified for quick disability determination.

What happens if you are denied a disability claim again?

If your claim is denied again after a disability hearing with the administrative law judge (ALJ), your lawyer can also help you appeal your case with the Appeals Council. The council will look at new medical evidence (if any) or any evidence that was not considered by the ALJ . Your lawyer can also help you gather that new medical evidence if necessary.

What factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

What happens if you get denied at the OTR decision stage?

If you got denied at the OTR decision stage, a hearing date will then be set for your case. During this stage, your lawyer can help you:

How many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

Can a lawyer alert the SSA?

They can also help you gather medical evidence and talk to medical professionals on how to properly present your condition to the SSA. If yours is a terminal illness, your lawyer can alert the SSA too so you’ll be eligible for expedited treatment.

How long does it take to get an SSD appeal?

The agency hopes that by the end of fiscal year 2022, the average appeal processing time will be no more than 270 days. According to the FY 2019 report, the agency’s average hearing wait time was currently around 515 days. The latest SSA chart currently shows 395 days is the average hearing processing time as of August 2020.

When did the Social Security disability appeals move?

According to the OIG’s analysis, this trend began when the last major economic recession started in 2008. As more Social Security disability appeal cases moved from offices with backlogs to less-busy ones, wait times for claimants grew longer. Learn how this might impact your own Social Security disability appeal and see average wait times for all 50 states below.

How many SSD appeals were transferred in 2008?

In 2008, the SSA transferred just 14% of SSD appeal cases to reduce office workloads. That’s about 100,000 cases in 2008 alone. In 2017, that number grew to 450,000 cases transferred with an average wait time of 605 days. In other words, 43% of SSD appeal cases pending that year got transferred to a different office. And some offices reported wait times of 750 days or more for transferred cases. That’s more than two years!

How long does it take to appeal a disability denial?

The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

What happens if you wait to hire a disability lawyer?

What if you wait to hire a disability lawyer? It may not matter because unless you are one of the 20% of claimants who are approved at reconsideration, you most likely will have to hire one anyway if you decide to appeal your denial a second time and request a disability hearing.

How to request reconsideration of disability?

A Request for Reconsideration can be completed by you or your disability lawyer by filling out form (SSA-561). You must provide your name, Social Security number, the type of claim that you are appealing (listed on the notice of decision), the claim number (listed on the notice of decision), the reason for the appeal, your address and the contact information for your disability lawyer, if you have one.

How long does a denial of SSDI last?

For instance, SSDI denials can be made if the SSA determines you have not worked long enough to be considered insured, your condition is not expected to last for at least 12 continuous months, you are currently working.

What happens if you are denied a disability?

What if your disability claim is denied? You will have to decide if you can return to work, if you want to file a new SSI or SSDI claim or if you want to request an appeal of the denial, which in most states is called a reconsideration.

How long does it take for a disability claim to be approved?

Unless you have added additional medical information to your claim, it is unlikely your claim will be approved. The request for reconsideration may take 30 to 90 days to complete. If you are approved for benefits the SSA will send you a letter detailing your payment amount and the estimated date of payment.

How long does it take for Social Security to make a decision?

If you have filed for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you have probably waited 90 to 120 days for the Social Security Administration (SSA) to make their initial disability decision.

How long does it take to get a disability hearing?

First, you have 60 days after receiving a denial to request a reconsideration of the decision. Once you make the request, it takes a claims examiner about 100 days to approve ...

How long does it take to get a judge's decision?

After your hearing, you'll have to wait anywhere from a few weeks to three months to get the judge's decision.

How long does it take to get a hearing in Texas?

Then, depending on your location, you will wait anywhere from 10 months (Texas) to 13 months (Florida) to 16 months (California) for a hearing date.

Who can appeal a disability claim?

You have the right to appeal a denial of your disability claim by an administrative law judge (ALJ) and the refusal of the Social Security Appeals Council (AC) to review your case or reverse the decision of the ALJ. (Read about the Appeals Council here.)

How to appeal a federal court decision?

How to Appeal to Federal Court. You have 60 days from the date of the Appeals Council decision to appeal. This is done by filing a civil complaint with the United States District Court in your area . A civil complaint is a brief statement of facts and allegations that tell the court what your case is about. Under federal law, you cannot sue the ...

What is an answer to an SSA?

An answer is essentially a brief explanation of why the ALJ and AC were correct in denying your claim. You'll then need to file an opening brief.

Why is it unusual for an ALJ to approve a case?

If a case is remanded, it is not unusual for it to be approved by an ALJ, because he or she will be wary of making a decision that may ultimately be overturned by a federal judge.

What is a response brief in a court case?

A Response Brief is the SSA's chance to explain why you are wrong and why the ALJ's decision was correct. After you (or your lawyer) may file a Reply Brief, which is one last chance to defend your position and point out weaknesses in the SSA's argument. Sometimes the court will schedule oral (in-person) arguments, but this is rare.

How long does it take to get an oral argument?

This process can take at least a year.

Can a disability attorney collect a fee?

A disability attorney cannot collect a fee unless benefits are awarded to you and the court approves the fee. After a favorable decision (approval of benefits) is issued, your attorney will file a fee petition under Section 406 (b) asking that reasonable attorney's fees be paid. This amount cannot exceed 25% of the amount ...

How long does it take to get a decision from a hearing?

It can take anywhere from two weeks to three months or more.

How long does it take for a judge to make a decision?

If your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. The average is eight weeks. You can also call your hearing office to ask about the status of your particular case.

What is the Buffalo hearing number?

Your local hearing office, the Buffalo Office of Hearings Operations (OHO) may be able to give you an updated status on your case. Their number is 866-348-5819.

How long does it take to get a Social Security denial letter?

In a survey we took of our readers who had gone to a Social Security disaiblity appeal hearing, it took on average about seven weeks to get an approval letter after the hearing, and almost ten weeks to get a denial letter.

Does Buffalo have a long wait for hearings?

Answer. New York's hearing offices are experiencing long wait times for hearings, and the Buffalo office in particular has a long backlog of disability cases. Long wait times for hearings also generally mean longer than usual wait times for the final decision letter. That said, it does often take longer to get a denial decision from a judge ...

How long does it take to appeal a disability claim?

You must appeal in writing within 60 days ...

How to appeal a Social Security disability decision?

To begin your appeal, you can call your local Social Security field office and tell them that you want to appeal a decision that denied or terminated your benefits. They will send you the proper forms and tell you where to mail the paperwork once you've filled it out. The form for getting a reconsideration is Request for Reconsideration, Form SSA-561. The form for getting an appeal hearing is Request for Hearing by Administrative Law Judge, Form HA-501. You can also start your appeal online. To learn more about beginning your appeal, see Nolo's article Social Security Disability: Five Levels of Appeal.

What to do if SSA denied my claim?

If the SSA has denied or terminated your benefits, there are steps you can take outside of the appeal process. Here's a look at a few options. Reopening your claim. An alternative to appealing your case is to request a reopening of your claim -- which means asking whichever administrative level of the SSA has your claim to take another look at it.

How long does it take to get a decision from Disability Determination Service?

You might get a decision in a few weeks, or you may have to wait a few months, depending on the agency's caseload.

How long do you have to sign SSA-795?

To continue getting your benefits in this situation, you must sign and return Form SSA-795 within ten days of receiving the denial of benefits notice.

Who can help with Social Security appeal?

Some people handle their own Social Security appeal. But you can appoint a lawyer, a friend, or someone else (called your "authorized representative") to help you. The SSA will work with your representative just as it would work with you.

Who is the author of Nolo's Guide to Social Security Disability?

For more information about Social Security disability, including tips on applying for benefits, appealing a denial of benefits, and understanding detailed medical listings, see Nolo's Guide to Social Security Disability: Getting & Keeping Your Benefits, by David A. Morton III, M.D. (Nolo).