How a Lawyer Affects Your Disability Appeal Timeline

If you are disabled and you’ve filed a claim for disability benefits for which you were denied, you may find yourself feeling frustrated, overwhelmed, and uncertain as to why this occurred. All of these feelings are normal and understandable. If you find yourself in this situation, however, you should know that being denied for disability benefits the first time you file a claim is not actually unusual. In fact, many claims are denied on the first attempt. If this happens to you, you should also know that there are options available to appeal the decision. You may wonder what those options are and how long the process will take. Let’s take a closer look at the law together.

What Are the Stages of the Appeals Process?

The Social Security appeals process consists of several stages. These include:

• Request for Reconsideration: This first stage of the appeals process involves reviewing the reasons for the initial denial of your claim, and gathering whatever additional evidence may be necessary in support of your request for benefits. You must file your request for reconsideration within 60 days of the date you receive written notice of the initial denial of your claim. The Social Security Administration will review that request, along with your arguments and evidence, and make a decision affirming or reversing the initial denial.
• Administrative Law Judge Hearing: If your request for reconsideration is denied, you may choose to proceed to the next phase of the appeals process, which is requesting a hearing before an Administrative Law Judge. As is the case with filing a request for reconsideration, a request for a hearing with an ALJ must be made within 60 days of the date you receive notice of the denial of your request for reconsideration. Depending on your circumstances, you may wish to be present at the hearing with the ALJ, or you may request that the ALJ make a decision based upon a review of the evidence in your file. After filing a request, you should receive notice at least 75 days before the hearing, informing you of the time and location. During the hearing, you will have the opportunity to present additional evidence, which may include witness testimony, depending on the circumstances. The ALJ will then review all evidence presented and issue a decision on your appeal.
• Appeals Council Review: If you do not receive a favorable decision from the Administrative Law Judge, you may wish to move on to the next phase of the appeals process, which is requesting a review before the Appeals Council. As with the other stages of the process, this request must be made within 60 days of receiving the hearing decision. It is important to understand that not everyone who requests a review before the Appeals Council will be heard. Generally, the Appeals Council will only review a case that is based on additional evidence if it believes there is a reasonable probability that the new evidence would change the outcome of the decision. If the Appeals Council decides to review your case, it can either return it to the Administrative Law Judge for further action, which may include another hearing and a new decision. In other cases, if the Appeals Council intends to issue a decision that is not favorable to you, it will notify you (or your attorney) of the action it plans to take and give you an opportunity to respond before issuing a decision.
• Federal District Court Review: This is the final phase of the appeals process. If you disagree with the decision of the Appeals Council, you may file an appeal in the appropriate United States District Court for your area. Consulting with an attorney and seeking appropriate representation for this part of the process will be essential.

The length of each phase of the appeals process will depend upon a variety of factors. Primarily, it will depend upon how busy the Social Security Administration is at the time. It will also depend on the complexity of your appeal and how far it has advanced. As a general rule, the more advanced the appeals stage, the longer the process will take, although each case will vary depending on its own unique circumstances.

Disability Experts – Here For You

At Disability Experts, we have helped many clients through the disability appeals process. We know it can feel complicated and confusing at first, but the good news is that with a trusted guide by your side, you can feel confident that you are doing all you can to pursue the benefits you need and deserve. Our knowledgeable and experienced team of attorneys will walk with you every step of the way through this process and will keep you informed and involved in your claim. You deserve nothing less. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources

• Social Security Appeals Stages: https://www.ssa.gov/ssi/text-appeals
• Getting Ready for a Disability Appeal: https://secure.ssa.gov/iApplsRe/start