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If your Social Security Disability claim was denied, you are not alone. Many people are denied the first time they apply. One of the first questions people ask is: How long does a disability appeal take if I have a lawyer?
The answer depends on several things. These include where you live, how busy Social Security is, and which stage of the appeal you are in. A lawyer cannot make Social Security move faster. However, having one can help your case stay on track and improve your chances of winning.
Here, we explain the disability appeals process and how long each step usually takes. We will also explain how we can help.
What Is a Disability Appeal?
A disability appeal is how you ask Social Security to look at your case again after a denial. It is best to appeal for Social Security benefits with a legal representative if there is a mistake.
There are several levels of appeal for SSDI benefits. Most people must go through them in order. A lawyer helps collect medical records and file paperwork on time. We also explain your case so the SSA understands.
The Main Stages of a Disability Appeal
Most disability appeals follow these steps:
- Reconsideration
- Appeal hearing with a judge
- Appeals Council review
- Federal district court level (last step)
Not every case goes through all four steps. Many people win at the hearing level. Several factors determine this. We can discuss your SSI benefits with you in a free consultation.
How Long Does Reconsideration Take?
Reconsideration is usually the first appeal. A new Social Security reviewer looks at your case and any new medical records.
This step often takes three to six months. Many disability claims are still denied at this stage, but it is required before moving on to a hearing. A lawyer helps make sure all medical records are sent in and that deadlines are met.
How Long Does a Disability Hearing Take?
The hearing is where most people with lawyers win their cases. It is also the step that takes the longest.
In many states, it can take one to two years to get a hearing date. Some areas move faster, while others have long backlogs. These delays are caused by Social Security, not your lawyer.
After the hearing, it takes two to three months for an administrative law judge to send a decision. Your lawyer prepares you for the hearing and gathers strong medical evidence. We will speak on your behalf.
How Long Does an Appeals Council Review Take?
The administrative law judge may deny your disability claim. If so, you can ask the Appeals Council to review the decision.
This step can take several months to over a year. The Appeals Council does not hold hearings. They only review the written record to see if the judge made a legal mistake.
A lawyer is very important at this stage because the appeal must be explained clearly in writing.
How Long Does a Federal Court Appeal Take?
If the Appeals Council denies your case, you may file a lawsuit in federal district court.
Federal court cases often take one to two years or more. This step is usually only taken when there is a serious legal issue in the Social Security decision.
Most disability cases do not need to go this far.
Can a Lawyer Make the Appeals Process Faster?
A lawyer cannot make Social Security move faster or skip steps. Hearing dates and judges’ decisions are controlled by Social Security.
However, a lawyer can help prevent delays caused by mistakes or missing records. We can also make sure you don’t miss deadlines. A lawyer can also make sure your case is ready when it is reviewed.
This can help your case move as smoothly as possible. This improves your chances of winning fair Social Security disability benefits.
Does Having a Lawyer Improve Your Chances of Winning on Appeal?
Yes. People with disability lawyers are more likely to win disability appeals. This is especially true at the hearing stage.
Lawyers understand Social Security rules. We can provide medical evidence. We can also show that your medical condition prevents you from working.
While no lawyer can promise a win, having one gives you a better chance than handling the appeal alone.
What Should You Do While Waiting for a Decision?
While you wait for a decision, there are important things you should do:
- Keep going to medical appointments.
- Follow your healthcare provider’s ongoing treatment plan.
- Save all medical paperwork.
- Tell Social Security about changes to your health or address.
Strong and up-to-date medical records can make a big difference in your case.
Why SSDI Appeals Take So Long to Resolve
Social Security handles millions of disability claims every year. Some offices have more cases than others, which leads to long wait times.
Your disability attorney can tell you the average wait time and what to expect.
When Should You Appeal a Disability Denial?
Not every denied case should move forward. Sometimes a denial happens because Social Security missed key information. Other times, disability law was applied incorrectly.
A disability attorney can review your decision. We will explain whether an Appeals Council review or a federal court case makes sense. Legal experience can make all the difference in getting disability benefits.
Talk to a Social Security Disability Lawyer for Help with Your Disability Benefits
The disability appeals process takes time. Most appeals last many months or even years, especially if a hearing is required. While this can be frustrating, many people do win disability benefits after appealing.
Having a lawyer helps you avoid mistakes and stay organized. Our law firm presents the strongest case possible.
If you have questions about your disability appeal, we can help. Contact the Social Security disability lawyers at Pond Lehocky. Let’s review your disability benefits claim and your next steps.