- By: admin
- Disability Appeal
- Feb 27
- Comments (0)
Contrary to what you may have heard or read, being approved for Social Security Disability benefits is not impossible. Yes, the Social Security Administration denies 62% of the disability applications it receives, but the SSD appeal process offers a way to get the benefits you need and deserve.
If you’re not familiar with the appeals process, you may be wondering: “How long does a disability appeal take?” This blog from the Law Firm of Nikki L. Prasad, P.C., explains the SSA appeals process, including a disability appeal timeline.
Levels of the appeals process
In a perfect world, obtaining disability benefits to ease financial stress would be a quick process. Unfortunately, we do not live in a perfect world.
It takes anywhere from six to eight months from when you submit an initial application for the claim to be reviewed. If yours is one of the 62% of the applications denied benefits, you have 60 days to challenge it by requesting an appeal.
The appeals process has four levels:
· Reconsideration: Requesting reconsideration of the claim results in the file being assigned to an examiner who did not participate in the initial review of the claim.
· Hearing: An unfavorable reconsideration outcome may be appealed by requesting a hearing presided over by an administrative law judge. The disability appeal lawyer representing you at the hearing may submit new documentation and present witnesses to support the claim. You have the opportunity at a hearing to testify in response to questions about your claim asked by the administrative law judge.
· Appeals Council Review: A decision from the hearing level may be challenged by requesting review by the Appeals Council.
· Federal Court Review: A civil action filed on your behalf in a federal district court lets a federal judge review the claim and the evidence supporting it.
The appeals process starts with reconsideration and proceeds through each level. However, you can end the process at any level where you receive a favorable decision.
You have only 60 days from when you receive written notice of a decision to request an appeal, but be aware that the rules presume that you receive the notice 5 days from the date printed on it. Do not delay contacting a Social Security disability appeal lawyer at the Law Firm of Nikki L. Prasad, P.C. Missing the deadline to request an appeal could result in losing the right to challenge the decision.
Disability appeal timeline
Each level of the appeals process differs in the time it takes to complete it. Caseload and staffing shortages may affect the following disability appeal timeline at the different levels:
· It takes from three to nine months for a determination at the reconsideration level.
· Scheduling a hearing may take a year or longer. A decision after a hearing from the administrative law judge could take several months or more.
· Decisions from the Appeals Council can take a year or longer.
· Federal court cases take time. The procedures and volume of cases could mean waiting for up to two years before receiving a decision in federal court.
Factors affecting the disability appeal timeline include:
· Staffing shortages may cause delays in process requests at each level.
· Case volume influences how long an office takes to process appeal requests.
· Delays may occur when your healthcare providers do not immediately respond to requests for updated medical records.
While you have 60 days to appeal, submitting an appeal request immediately upon receipt of an unfavorable decision can avoid delays by getting the process started.
Benefits of representation by a Social Security disability appeal lawyer
Nothing prohibits a person from representing themselves during the appeals process. However, complex federal regulations and procedures, especially at the hearing and federal court levels, make it difficult for an individual to succeed without a lawyer.
Some of the benefits of going through a disability appeal with a lawyer include:
· Disability lawyers know the procedures and regulations to avoid mistakes that can add time to the appeals process.
· Your disability lawyer prepares you for a hearing by reviewing the case and how to respond to questioning by the administrative law judge.
· Lawyers know how to evaluate a decision to determine weaknesses in the case and how to strengthen them with evidence.
· Submitting appeal requests within the 60-day deadline to avoid loss of the right to appeal.
· Periodically checking staus of the appeal to quickly identify and address issues.
Representation during the appeals process by a disability lawyer from the Law Firm of Nikki L. Prasad, P.C., offers peace of mind and the ability to focus on your health.
Get help from an experienced disability appeal lawyer
People throughout Long Island and the New York metropolitan area trust the caring and skilled disability team at the Law Firm of Nikki L. Prasad, P.C. Disability appeals lawyer Nikki L. Prasad, a member of the National Association of Disability Representatives, believes in a client-focused approach that keeps you informed about the status of your appeal. Get things started by contacting us today for a free consultation.