You can expect to wait many months to successfully appeal a denial of Social Security disability benefits. Here's a breakdown of how long it can take. If your Social Security disability application was denied, don't be too surprised. Most claimants are initially denied and must navigate the appeals process to secure benefits.
The US Federal Court Decision can take a long time – up to a year for an answer. Before submitting an appeal for disability, consider contacting a trained disability consultant in your state first. Hiring a disability expert to oversee your appeal can strengthen your claim, and give you a better chance of winning your appeal.
If you live in one of these states that doesn’t require Reconsideration then you can shave off 3 to 4 months and file a request directly for an appeal hearing. If you do have to file for Reconsideration then that is the first step in the appeals process which takes approximately 90-120 days. There are 4 steps in the entire appeals process:
There are four levels of appeals in SSI and SSDI cases: Reconsideration, Administrative Law Judge Hearing, Appeals Council Review, and Federal Court. (For an overview of the appeals process, see our introduction ).
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).
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.
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%.
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.
If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.
Here are three of the most common physical disabilities we see.Arthritis and Other Musculoskeletal Disorders. According to the Mayo Clinic, arthritis is inflammation and tenderness in one or more joints. ... Cerebral Palsy. ... Spinal Cord Injuries.
Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•
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.
Under sentence four of section 205(g) of the Act, a court may remand a case in conjunction with a judgment affirming, modifying, or reversing the decision of the Commissioner.
An appellate court may issue its opinion, or decision, in as little as a month or as long as a year or more. The average time period is 6 months, but there is no time limit. Length of time does not indicate what kind of decision the court will reach.
If you're asking for a reconsideration, you're not appealing. It's sort of a new claim, a reopened claim, whatever you want to call it. You've got to say, “I disagree” and now there's a form that you have to use.
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.
That being said, the Social Security district office will often say that it may take 90-120 days to process an initial application. In Pensacola, Florida, Requests for Reconsideration (the first appeal) typically take 30-120 days to process.
A claimant’s impairments and medical evidence are unique. Some conditions are easy to classify as disabling, while others take longer.
Sometimes a case is assigned to a DDS claims examiner or Administrative Law Judge who takes longer to process claims than others. Your claim may be assigned to a claims examiner or ALJ who has three hundred cases to process, or your claim could be assigned to an examiner or judge who only has seventy-five claims to process.
Reconsideration requests are typically completed in 30 to 120 days in the Pensacola, Florida area, and hearings before Judges are usually set about 10 to 15 months after a hearing is requested.
After the grueling paperwork, the wait time, and then receiving a denial from the Social Security Administration office, then you have the arduous task of having to file an appeal.
Reconsideration: during the reconsideration stage, applicants or current recipients will be given a period of 60 days to appeal their determination, and request a review of their file in addition to any new documentation or medical reporting. Most reconsideration decisions are delivered within 8 weeks.
Because the SSA is reviewing the same claim they looked at before, a reconsideration appeal usually takes no longer than the initial decision. It may even be faster, particularly if the examiner has no additional evidence to consider.
The first stage is a reconsideration appeal. This is what you file upon receiving a denial from the SSA in their initial disability decision. Your reconsideration appeal mirrors your initial application. The paperwork is largely the same and it ends up in the same office at the SSA for consideration. A different person who did not view your initial application will review your reconsideration appeal.
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 ...
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.
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.
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.