It’s tough when you have a disability and then have to appeal a decision about your benefits. People often ask themselves how long a disability appeal takes with a lawyer. Let’s take a simple and complete look at “How Long Does a Disability Appeal Take with a Lawyer” using the newest information from the Social Security Administration (SSA) as of January 2024.
Table of Contents
Understanding Disability Appeals
Before diving into the timeline of disability appeal with legal representation, it is crucial to understand the basics of the appeal process. When the initial Appeal is denied, you have the right to appeal the decision. This process involves requesting a review of the denial by an administrative law judge (ALJ) at the Social Security Administration (SSA).
The appeal process involves several stages, including:
- Reconsideration – if your initial claim is denied, you can appeal to request a reconsideration of your claim by a different examiner.
- Administrative Hearin – If your claim is denied upon reconsideration, you have the right to request a hearing before an ALJ.
- Appeals Council Review – if ALJ denied your claim, you could appeal to SSA for further review.
- Federal Court Review—If the appeals council denies your Appeal, you can file a lawsuit in federal court.
Essential Role of a Lawyer in Disability Appeal
After understanding the disability appeal, let’s delve into the crucial role lawyers play in the disability process.
- Gathering Medical evidence to support your claim.
- Preparing you for the interview and Hearing.
- Present your case before an administrative law judge.
- Appealing unfavorable decision on your behalf.
Timeline of a Disability Appeal with a Lawyer
Now that we have a basic understanding of the appeal process, let’s explore how much time it takes.
Initial Consultation (1-2 Weeks) – the first step of filing a disability appeal is scheduling an initial Consultation. During the meeting, you will discuss the case with the lawyer and provide important medical records and documentation. This initial Consultation typically takes one to two weeks to contact a lawyer.
Case Evaluation and Preparation (2-6 Weeks) – after initial Consultation, your lawyer will conduct a thorough evaluation of your case. It involves:
- Gathering additional medical evidence,
- obtaining statements from treating physicians and
- Reviewing your previous application and denial.
This preparation phase can take anywhere from 2 weeks to 6 weeks, depending upon the complexity of your case and the availability of required or relevant documents.
Filing the Appeal (1-2 Weeks) – After the lawyer has done his preparation, they will file an appeal on your behalf. It involves submitting appropriate paperwork to the SSA and requesting a hearing before an administrative law judge. The filing process typically takes one to two weeks, depending on the backlog of cases at the SSA.
Waiting for a Hearing Date (12-24 Months)—Due to a backlog of cases, one of the longest processes of disability appeal is waiting for a hearing before an administrative law judge. In the worst cases, it can take anywhere from 12 months to even 24 months to receive a hearing case.
Administrative Hearing (30-90 Days) – once the hearing date is scheduled, your lawyer will prepare you for an Administrative Hearing. This involves
- Mock hearings,
- Reviewing potential questions and
- Gathering additional evidence to support your case.
The administrative process typically lasts for 30 to 90 minutes. During this, your lawyer will present your case before the judge. However, the overall duration mentioned (30-90 days).
Waiting for a Decision (4-8 Months) – after the administrative Hearing, you have to wait for the judge to issue a decision on your case. This can take anywhere from which waiting for a decision can take anywhere from 4 to 8 months, depending on the judge’s workload and the complexity of your case. During this time, your lawyer will inquire from SSa about your case status and address any additional concerns raised by the judge.
Appeals Council Review (12-18 Months): If the administrative council has denied your case, you have the option to appeal to the SSA Appeals Council for further review. the appeal council takes 12 months to 18 months to render a decision on your Appeal. During this time, your lawyer will submit additional evidence and arguments in support of your case.
Federal Court Review (Varies) – if the appeal council denies your Appeal,
you can file a lawsuit in federal court for the complexity of your case. In some instances, it may take several years to receive a final decision from the court.
Conclusion
Appealing for a disability with a lawyer can be a lengthy and complex process. From initial Consultation to the final decision, each step requires proper preparation and attention to detail. While the timeline of a disability appeal can vary depending on various factors, having a proper lawyer and an experienced lawyer on your side can significantly increase your chances of success. By understanding the process and knowing what to expect, you can approach your disability appeal with confidence and determination.
If you’re considering hiring a lawyer, you may also be interested in learning about the costs associated with their services. For more insights, check out our blog on “How Much Does It Cost to Hire a Medicaid Lawyer?“
Furthermore, it’s crucial to ensure that your lawyer is genuinely working in your best interests. Read our blog on “How to Know If Your Lawyer Is Selling You Out” to learn about the signs to watch out for in your legal representation.
Frequently Asked Questions
What happens if reconsideration is approved?
If reconsideration is approved, it means that the Social Security Administration has reviewed your disability claim case and decided to reverse its decision. Upon approval, you may start receiving Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments, depending on the type of benefits you applied for. Additionally, you may receive retroactive payments for the period between your initial application and the approval of reconsideration.
What is the longest wait for SSDI approval?
The average response time for the SSA to decide after you apply for SSDI benefits is three to four months, but this period could be extended to up to eight months.
