Understanding Your Social Security Disability Appeals Process
The Social Security disability appeals process includes several steps, each very different from the one before. It’s important that you understand the process and don’t miss opportunities, because most SSDI applications are initially denied. That means the appeals process is your best chance to get disability benefits awarded.
Take Full Advantage of Every Step in the SSDI Appeals Process
One mistake many people make during this process is to treat it as a cursory one, doing only the minimum to move the case along to the next stage of the process. Sometimes, that’s because applicants don’t fully understand the process or don’t know what type of new information would be helpful. This post provides an overview, but your best resource in the process is usually an experienced disability benefits advocate. You have a right to representation in the application and appeals process.
Request for Reconsideration of Your SSDI Denial
When your SSDI application is denied, you’ll have the opportunity to request reconsideration. This stage in the process is just what it sounds like–another decision-maker reviews your application as if it were a fresh application and makes a determination. This is usually the quickest step in the appeals process. It’s also the one with the lowest success rate. That’s partly because of the type of review, but it may also be partly because few applicants take full advantage of the opportunity to provide supplemental information for this review.
Administrative Law Judge (ALJ) Hearing
In the appeal process overseen by the Social Security Administration (SSA), the ALJ hearing is the most complex process, and also the one where a Social Security disability claim is most likely to be approved. This is your chance to interact with the decision-maker and provide more detailed information. You even have the opportunity to bring witnesses. If you are well-prepared and approach this hearing properly, it is your best chance for approval.
Council Review
If you are denied SSDI after the ALJ hearing, you can request review by the Appeals Council. However, the Council declines to review most cases.
U.S. District Court Review
If you’ve exhausted your options with the SSA, you can file a lawsuit in federal court. This is a complicated and time-consuming process compared with the other stages of the appeals process, and is best pursued with the assistance of a Social Security disability lawyer.
A Disability Benefits Advocate Can Help
The SSDI appeals process can be confusing and overwhelming, particularly when you may already be facing obstacles based on your disability. An experienced disability advocate can help ensure that you are presenting the strongest possible appeal. To learn more, contact us here or call (800) 800-3332 right now.
What You Need To Know About Your Disability Benefits Denial
One of the most common questions about Social Security disability benefits is “How long will the process take?” Since most SSDI applicants are denied at the initial application stage, answering that question requires an understanding of the appeals process and how long it takes to move through each stage.
Here’s a rough timeline for SSDI appeals.
The first step in the appeals process is to request reconsideration. This is by far the quickest step. The Social Security Administration (SSA) says it typically takes one to three months to get a ruling on your request for reconsideration. Note, though, that this represents actual time from filing the request to decision. You have 60 days from the denial of your application to request reconsideration. So, the actual time between receiving your denial notice and receiving a decision on your request for reconsideration of disability benefits could be one to five months, depending on how quickly you file. In some cases, it may take longer.
The SSA says it typically takes three to five months to receive a decision on your initial disability benefits application. Many applicants report that it actually takes a bit longer. So, depending on how long you take to request reconsideration and how long it takes to receive a response, you may get a ruling on your request for reconsideration at any time between six months from your original application date to 10 months or more.
The second step is a hearing before an administrative law judge (ALJ). Again, you have 60 days after receiving a decision on your request for reconsideration to request this hearing. The time between requesting this hearing and the hearing date ranges between several months and two years or more. And, that’s just how long you’ll wait for the hearing. A decision from the ALJ may arrive a few weeks or a few months after the hearing.
Depending on how quickly you request a hearing, where you live, and how long it takes the ALJ to make a decision, the time from denial on reconsideration and a determination from the ALJ could be about 10 months or more than two years. For most applicants, it will be more than a year. Add in the time it took to reach this stage and the ALJ decision may come between roughly 18 months and three years after the initial application.
The next step is to request review by the Appeals Council. Sometimes this step is quick, because the Appeals Council declines to review most cases. If the Appeals Council does take up your case, that process may take months or years.
If you get an unfavorable ruling from the Appeals Council or they decline to consider your case, the next step is to file suit in federal court. That is also a long and complicated process.
A Social Security Disability Benefits Advocate Can Help
Because the SSDI appeals process takes so long–and many applicants for disability benefits can’t afford to wait–it’s very important to present the strongest possible application and to take full advantage of the opportunity to present evidence at every stage of the appeal. So, the earlier you get knowledgeable guidance, the better. Contact us or call (800) 800-2009 to learn more about how our experienced disability advocates can help.
If you’ve been denied Social Security disability benefits, you’re in good company. Most people who apply for SSDI are denied at first. Fortunately, a great many of those who stick it out and pursue the appeals process are ultimately approved.
The question of how many times you can go through the appeals process is a bit misleading, as it seems to suggest that you can repeat the process. In fact, there are multiple opportunities within the process, but you only get one chance at each. Here’s how the process goes.
Social Security Disability Appeals Process:
When you’ve been denied SSDI benefits, you can take the following steps:
Request reconsideration – this is a review of your application and supporting documents by the same section that initially denied your claim. A different decision-maker makes the determination, and you can submit additional information.
Request a hearing before an administrative law judge (ALJ) – if your claim is still denied on reconsideration, you can request a hearing. This is a more fully-developed appeal, where you can present witnesses and additional medical information to the decision-maker.
Request review by the Appeals Council – if the ALJ finds against you, you may request Appeals Council review. However, a Council hearing isn’t guaranteed. Only a small percentage of requests are scheduled for a hearing.
File a petition in federal district court – once you’ve exhausted every administrative possibility, you can file a civil suit in federal district court. This is the final step for most applicants whose claims have not been approved at an earlier stage.
Appeal the federal district court’s decision – some applicants who lose in federal court can file an appeal. However, this process requires specific grounds, and this option isn’t available to everyone.
So, in short, there are five possible stages of appeal after an SSDI denial. However, the ALJ hearing has the highest approval rate. That means most applicants never reach the later stages.
An applicant who has been denied disability benefits can apply all over again. Whether or not that is a good idea depends on a variety of factors, including the reason for the denial, how far you got in the appeals process, how much time has passed, and whether there have been changes in your medical condition since you last submitted information to the SSA in connection with your disability claim. Generally, it is better to continue along the appeals process than to reapply, for a variety of reasons. So, it’s essential to talk to a Social Security disability advocate to determine the best avenue to take.
To learn more about how Disability Help Group can help you, contact us or call (800) 800-2009 right now.
Most Common Conditions that Qualify for Long-Term Disability Benefits
The Social Security Administration (SSA) provides only long-term disability benefits. That means that the disabling condition must either have lasted or be expected to last for at least one year or to be expected to end in death. SSA provides a listing of disabling conditions and the criteria someone suffering from those conditions must meet in order to qualify for Social Security disability (SSDI) in the Social Security Blue Book.
The Blue Book isn’t a complete listing of medical conditions that may qualify a person for SSDI, though. You may be eligible for disability benefits based on a combination of conditions. And, some conditions are far more common among SSDI recipients than others.
The Five Most Common Conditions Leading to SSDI Awards
According to the SSA, the most common conditions leading to a Social Security disability benefits award in 2021 were:
Musculoskeletal system and connective tissue disorders (36.2%)
Neoplasms, or abnormal masses of tissue, which may or may not be cancerous (12.6%)
Mental disorders (12.1%)
Circulatory system issues (10.9%)
Diseases of the nervous system and sense organs (9.4%)
Within each category, some disorders are far more common than others. For instance, though the Blue Book lists several mental disorders, depression, bipolar disorder and related conditions made up more than ⅓ of mental disorder awards in 2021.
Just 18.8% of disabled worker awards in 2021 fell outside the five categories listed above. This balance has shifted over time. For example, in 1996, just 20.6% of those receiving SSDI benefits were receiving benefits for musculoskeletal and connective tissue disorders. Across the next 25 years, that share increased from about ⅕ to more than ⅓.
What if My Condition Doesn’t Fall Into One of These Categories?
First, don’t worry! 18.8% seems like a small share for all other medical conditions, but in 2021 that 18.8% amounted to more than 100,000 disabled workers receiving new Social Security disability benefits awards. It’s also possible that your condition does fall into one of the most common categories and you just don’t recognize its technical classification. For example, before reading this post you may not have realized that cancer would be classified as “neoplasms.” Whether you are uncertain about qualifying for disability benefits or have applied for SSDI and been denied, Disability Help Group is here for you. To learn more about how we can help, call (800) 800-3332 right now, or fill out the contact form on this site.
Understanding Why Your Social Security Disability Claim Has Been Denied
Most Social Security disability (SSDI) claims are denied at first. The good news is that many claims that are initially denied are approved later, most often at the hearing stage. To give yourself the best chance of having your disability claim approved on reconsideration or appeal, it’s important to understand what went wrong with the initial application.
Some denials are easy to understand, and you can skip right to determining whether there is a way to fix the problem. For example:
Your denial notice may say that you don’t have enough Social Security work credits to qualify for disability benefits. In that case, you’ll want to carefully check the records against your actual work history to see if anything is missing. If you think the Social Security Administration (SSA) got it wrong, an experienced disability advocate can help you sort out the issue.
Your denial notice may say that you are earning too much money to qualify for benefits. Since many conditions worsen over time and it can take months to receive an initial determination, your ability to work may have been further compromised by the time you receive your denial.
Some denials aren’t quite so easy to understand. In part, that’s because of technical medical and legal jargon. But, it’s also partly because the most important question isn’t “Why did the SSA say I’m not eligible?” but “What about my application made the SSA conclude that I’m not eligible and what can I do about it?” An experienced disability benefits advocate can be a big help in answering that second question.
Determining What Your Disability Claim Denial Really Means
Imagine that the SSA sends you a notice saying that they recognize that you can no longer perform your previous job because of your medical condition. However, they have concluded that there are still other jobs you can do. So, you don’t qualify for Social Security disability benefits.
One explanation for that type of disability claim denial notice is that it’s true. For example, maybe you have limited mobility and that prevents you from going back into construction work. But, your work and educational history indicate that you would still be able to perform a number of other jobs that you’re still capable of doing with your medical condition.
Sometimes, though, the SSA mistakenly reaches that conclusion because you didn’t provide enough information, or your medical records weren’t specific enough. In that case, you may succeed in securing benefits at the reconsideration or appeal stage–but only if you know what to do differently as you move forward. That’s where Disability Help Group comes in. Our experienced advocates understand how Social Security disability claim denials work, and what type of supplemental information is likely to be helpful in overcoming that denial. If you’ve been denied SSDI, contact us now to learn more about how we can help. Call (800) 800-3332, or fill out our contact form.
How Long Will My Social Security Disability Appeal Take?
When you visit the Social Security Administration’s (SSA’s) website, you’ll find an estimate that it will take three to six months to receive a determination on your Social Security disability (SSDI) application. That’s true, but it doesn’t tell the whole story. Most SSDI claims are denied at the initial application stage. So, the amount of time that passes before the initial determination may be much shorter than the amount of time that passes before you actually receive Social Security disability benefits.
Appealing a Social Security Disability Denial
In most states, the first step after receiving a Social Security disability (SSDI ) denial is to file a request for reconsideration. This is typically the quickest step in the process. Still, you have up to 60 days to submit the request, and it can take another one to three months to receive a decision. Add the time to submit your request and the time waiting for a decision to the time you waited for an initial decision and you could be nine months or even a year out from your initial application when you receive a ruling on your request for reconsideration.
Unfortunately, the success rate at the reconsideration stage is quite low. So, most applicants will have to move on to requesting a hearing before an administrative law judge (ALJ).
Getting to the ALJ Hearing
The ALJ hearing is the stage where the highest percentage of claims are approved. But, it takes time to get there. Exactly how long it takes to get a hearing before an administrative law judge varies by location.
According to SSA data from October of 2022, the shortest average wait times in the country were about eight months. More than 60% of locations have an average wait time of at least one year, and about a dozen locations around the country have average wait times of 18-24 months.
In other words, depending on where you are and other factors, your ALJ hearing may take place between about 18 months and three years of your initial application. After the hearing, you may get a decision in as little as a few weeks. Or, it may take a few months.
Is There a Way to Speed Up the SSDI Appeals Process?
There’s no way to shortcut the process, but you can keep your application moving as efficiently as possible by ensuring that you:
Provide a complete and accurate application and all necessary documentation
Make sure you submit your request for reconsideration and appeal promptly
Provide all necessary information, including updating medical information, at each stage
An experienced disability benefits advocate can help ensure that you’re giving yourself the best opportunity for an efficient approval. To learn more, contact us here or call (800) 800-3332 right now.
