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.
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.
What You Need to Know: Social Security and Long-Term Disability Benefits
Long-term disability insurance can be a great safety net. But, what happens if you have long-term disability and you would also be qualified for Social Security disability benefits (SSDI)? Understanding how these benefits work together can help with your planning while you’re healthy and working, and ease the path toward securing payments if you become disabled.
Does Long-Term Disability Insurance Disqualify You for SSDI?
Many people are concerned that long-term disability will make them ineligible for SSDI or reduce the amount of benefits available. Social Security disability is not need-based, which means most other income has no impact on eligibility. The main exception is income earned from work, since that income may demonstrate that you’re still able to participate in substantial gainful activity.
Private long-term disability benefits will not impact SSDI eligibility or the amount of benefits received. However, certain other types of disability benefits may affect SSDI. For example, if you are receiving long-term disability through workers’ compensation, you may still qualify for Social Security disability. However, there is a cap on the combined amount of benefits you may receive. So, your SSDI payments may be reduced.
Supplemental Security Income (SSI) is different. SSI is need-based, and the income cut-off is low. In 2023, it’s just $934/month. So, depending on the amount, long-term disability could disqualify a disabled person from receiving SSI benefits. In fact, many SSDI applicants are disqualified from SSI based on their SSDI income.
Does SSDI Affect Long-Term Disability Benefits?
The short answer is that it depends on your policy. Typically, a long-term disability insurance carrier will require beneficiaries who are qualified for Social Security disability to apply for those benefits. In that case, failing to apply for SSDI could mean losing long-term disability benefits. If you are receiving or have become eligible for private long-term disability benefits, make sure you know whether your policy requires you to apply for SSDI and what the time limit is.
Many policies provide that benefits will be reduced by the amount of SSDI received. For example, if you are receiving $2,000/month in private long-term disability benefits and are approved for $800/month in SSDI, the long-term disability payments may drop to $1,200/month.
Talk to a Disability Benefits Advocate
At Disability Help Group, we know how daunting and confusing coordinating disability benefits can be. We’re here to help make sure you receive all of the benefits you’re entitled to, and get them as quickly as possible. To learn more about how we can help, contact or call us (800) 800-3332.
Tips for Getting Your Disability Benefits Approved Fast
Social Security disability benefits offer an important lifeline to people who are no longer able to work. But, the application and appeals process can be lengthy. The delay in receiving benefits can mean a rough transition for someone who has lost their source of income. While there’s no magic bullet for getting benefits quickly, there are some steps you can take to keep your application for disability benefits moving forward smoothly and speed up approval.
How to Apply for SSDI for the Quickest Response
Speeding up the Social Security disability benefits approval process starts with your application.
That includes:
Applying For Disability Benefits as Soon as You Become Disabled
For nearly all conditions, there’s a five-month waiting period. That means you don’t receive benefits until the sixth month after you become disabled. But, that doesn’t mean you should wait until the sixth month to apply. In 2021, the average processing time for an initial SSDI application was 147 days. That’s nearly five months, so get the ball rolling as soon as you have the necessary information.
Applying Online
The SSA says applying online can reduce the time it takes to receive a determination on your initial Social Security disability application.
Making Sure Your Disability Benefits Application is Complete
Missing information can mean delays or even a denial. The SSA offers a checklist of information you’ll need to apply, along with a worksheet to help you organize your work history and medical conditions. Take advantage of these tools to make sure your application is thorough. (And don’t be confused by the header that says these documents are for interview prep–the questions will be the same whether you apply online or live.)
Provide as Much Medical Information as Possible
SSA can help obtain medical records if necessary. But, the more information you include with the initial application, the more efficient the process.
Keep the SSDI Application Process Moving
Most initial applications are denied. A lot of Social Security disability applicants who are denied in the first round are later approved, so don’t get discouraged. But, don’t drag your feet, either. The sooner you move on to the next step in the process, the sooner you’ll get that next decision. And, there’s a deadline for each additional step. If you miss that, you may have to start from scratch, and that could delay the process by months.
A Social Security Disability Advocate Can Help
At Disability Help Group, we know it’s easy to get bogged down in the SSDI application and appeals process. Our team of caring, experienced advocates is here to help you navigate that process, avoid unnecessary delays, and improve your chances of approval. To learn more, call (800) 800-3332 right now, or fill out the contact form on this site.
