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An SSDI appeal can take anywhere from a few months to a year or even longer. When you can no longer work to support yourself, you should be able to reap the benefits of Social Security Disability Insurance (SSDI) if you qualify. If the Social Security Administration (SSA) denied your initial disability claim, you probably have many questions. You likely wonder whether you can file an SSDI appeal and how long it will take.
When a Shelby Social Security Disability lawyer handles your appeal, they can answer all your questions and guide you through the appeals process. You can get legal support for your appeal at no cost or obligation, starting with a free case review.
SSDI Appeal Step One: Reconsideration
The SSA offers four levels of appeal for a denied SSDI claim. You may not have to go through all the levels. The SSA may approve your claim at any point along the way.
The first step in appealing a denied application for disability benefits is the reconsideration phase. At this phase, you can expect:
- A new set of examiners to review your application and evidence
- To contribute any additional evidence that strengthens your application
- The reconsideration to check for any administrative errors
The reconsideration appeal phase can take anywhere from one to six months or more. The timing can vary based on how up-to-date your medical evidence is and how complex your case is. An SSDI attorney can guide you through this process, review current and new information and evidence, and fight hard for the benefits you are entitled to receive.
SSDI Appeal Step Two: Hearing With an Administrative Law Judge
If the reconsideration phase of appeal does not result in an approval for you, your lawyer will help you file a request for a hearing with an Administrative Law Judge (ALJ). You must file the request within 60 days of notification that the request for reconsideration was unsuccessful.
Due to the large number of hearing requests the SSA receives, your wait to schedule a hearing could be over a year. In 2023, the average wait time was 450 days.
Your disability benefits lawyer can request the hearing for you and accompany you to the disability hearing, whether online or in person. They will also prepare you and any supporting witnesses to testify.
The ALJ will clarify your claim and the reason for your denied application. They will question you and your witnesses and review any new evidence your lawyer submits. The ALJ will notify you or your SSDI attorney in writing of their decision.
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SSDI Appeal Step Three: Appeals Council Review
If the ALJ denies your application for appeal, you can request a review by the Appeals Council. This must be done within 60 days. At this phase, you can, again, submit supplementary evidence. This evidence must be new, time-sensitive, and have a reasonable expectation of changing the outcome of previous appeal phases.
Rather than making an immediate decision, the Appeals Council will assess your case and allow, disallow, or dismiss your request. They will either:
- Make a decision on your request
- Send your case back to the ALJ
This phase of the appeals process can take several months to a year for final resolution. The Appeals Council will notify you and your legal team of their decision in writing.
Final SSDI Appeal Step: Federal Court Review
This final phase is a civil lawsuit filed in your local U.S. Federal District Court. You must file within 60 days of a denial from the Appeals Council, and it can result in an awarding of benefits or a final dismissal.
Your SSDI lawyer can describe the strategies they will implement to win your Federal Court review. They can accumulate evidence that demonstrates a financial need or prove you have a qualifying disabling medical condition.
How an SSDI Lawyer Guides You Through the Appeals Process
You should not stop fighting for approval if the SSA denied your SSDI benefits application—and do not fight for benefits without legal guidance and support. Your lawyer can describe the steps they will take on your behalf. They will:
- Document and review the reason the SSA denied your claim
- Contact SSA officials on your behalf, as needed
- Gather evidence to prove why you should qualify for SSDI benefits
- Prepare a strong case for the appeals process
- Handle all case-related paperwork and communication
- Compile any new or enhanced medical and other evidence
- Meet the notification and filing deadline at each appeals phase
Because the appeals process is time-sensitive, your attorney will keep your case moving forward and provide regular and ongoing updates.
Evidence that Proves Your Right to SSDI’s Medical and Financial Benefits
Applying for SSDI benefits is a long and involved process with many moving parts. After proving your age, employment history, and other qualifying factors, your SSDI application must contain medical evidence of your disability, potentially including:
- Existence of an impairment
- The severity of your condition
- The results of consultative exams (CEs)
- A comprehensive CE report
- Your ability to perform certain tasks
- Medical evidence of your symptoms
Your lawyer will help you obtain all the evidence you need at each phase of your appeal. They will gather your medical records, prescription information, and contact information for every member of your healthcare team.
Anticipated Benefits for an Approved Appeal
If your appeal is successful and you receive benefits, it can take approximately five months to receive your initial payment, according to the SSA. You will receive:
- Financial compensation based on your lifetime average earnings
- Financial benefits based on your age at the time you become disabled
- Medicare benefits Parts A and B, after a period of time
Your SSDI lawyer will review your anticipated benefits and clarify how other forms of compensation may affect your benefits. They will also discuss any lump sum back pay settlements you might be entitled to for retroactive compensation.
Get Help With Filing Your SSDI Appeal
You do not have to stop fighting for SSDI benefits if the SSA denies your initial application. Our Social Security Disability lawyers will advocate for you at every stage of your appeal. We can help you understand the potential timeline and how long your SSDI appeal may take.
Learn more about your right to keep fighting by contacting our case review team at Farmer & Morris Law, PLLC today.
