Did you have your Social Security Disability Insurance (SSDI) claim denied? Even with strong a New York Social Security disability claims lawyer on your side, you might still have an initial claim denied. In fact, New York’s Office of Temporary and Disability Assistance reports that almost 60% of these claims are denied annually.
The good news is you have the right to file an appeal. But before beginning this process, ensure you know the answer to the following question: “How long does a disability appeal take with a lawyer?” Gaining a better understanding of the appeal duration should shed light on what you can expect from the process.
How Long You Have To Appeal a Social Security Disability Denial
When you’re trying to answer the question, “How long does a disability appeal take with a lawyer?” begin by considering how long you’ll have to file this appeal. According to the Social Security Administration, you can file a Social Security disability appeal within 60 days of your initial SSDI claim being denied.
You don’t necessarily want to rush through the case preparation process and file an appeal right away. At the same time, you don’t want to put off filing an appeal and experience a longer administrative delay than you would like after sending a formal appeal in writing.
Touch base with one of the more experienced Social Security disability lawyers in New York upon receiving your SSDI denial letter. They can conduct a legal review to see why your SSDI claim was denied and help you file an appeal quickly.
The Stages of the Social Security Disability Appeal Process
There is a reason why it’s tricky to come up with a definitive answer to the question, “How long does a disability appeal take with a lawyer?” The SSDI appeal process has a few stages, and the more of them you must go through while fighting for SSDI benefits, the longer the process takes.
Here are the four main stages associated with the SSDI appeal process:
1. Requesting Reconsideration From the Social Security Administration
If you don’t feel you received a fair shake after filing your initial SSDI claim, start by requesting reconsideration. When you do this, the Social Security Administration will:
- Allow you to send in additional information related to your SSDI claim
- Assign your case to a different examiner than it did the first time
- Give the new examiner time to reevaluate your SSDI claim
- Provide a new response to your SSDI claim
Unfortunately, the majority of SSDI claims reconsidered by the SSA end up being denied again. Still, it’s worth taking advantage of this option since it could positively impact the answer to the question, “How long does a disability appeal take with a lawyer?”
2. Scheduling a Social Security Disability Claim Hearing
If you’re lucky enough to have the Social Security Administration review your initial SSDI claim denial and overturn it, you won’t have to worry about proceeding through any of the other stages. But if you’re denied for a second time, scheduling a hearing in front of an Administrative Law Judge is the next order of business.
During this hearing, you can:
- Present your SSDI claim to a judge
- Provide a judge with additional evidence related to your SSDI claim
- Call witnesses to examine your medical records and SSDI claim
A hearing like this can improve your chances of having an SSDI claim approved. However, hearing scheduling can present challenges, as you may need to wait over a year for a hearing date.
3. Asking for a Social Security Appeals Council Review
If an Administrative Law Judge reviews your SSDI appeal and doesn’t overturn it, you can request a legal review from the Social Security Appeals Council. This council can:
- Reverse an Administrative Law Judge’s ruling and approve your SSDI claim
- Return your appeal to an Administrative Law Judge for further review
- Agree with an Administrative Law Judge’s decision and deny your appeal
The Council’s action will affect the answer to the question, “How long does a disability appeal take with a lawyer?” However, no matter which ruling it renders, this part of the appeal process can take up to 18 months.
4. Taking a Social Security Disability Appeal to the Federal Court Level
If the Social Security Appeals Council reviews your SSDI claim and ultimately sides with the Administrative Law Judge who refused to overturn your SSDI denial, you’ll almost be out of options. You can, however, take your fight to the federal level by filing a civil lawsuit through the U.S. District Court.
This final part of the SSDI appeal process can take up to an 18 additional months.
Factors That Can Impact the Length of the Social Security Disability Appeal Process
Several key factors can impact the time the Social Security disability appeal process takes. Remember them as you try answering the question, “How long does a disability appeal take with a lawyer?”
Backlog of Social Security Disability Appeals
An alarming report revealed that about 30,000 Americans died in 2023 while waiting for decisions on Social Security disability claims and appeals. The Social Security Administration is currently working through a backlog of over one million cases. This backlog may cause your SSDI appeal process to drag out longer than normal.
Understaffing Issues Within the Social Security Administration
According to another discouraging 2023 report, you’ll have to deal with more than just a backlog of cases when filing a SSDI appeal. You’ll also need to combat a staffing shortage that has turned the SSA into “an agency in crisis.”
Understaffing issues can affect the answer to the question, “How long does a disability appeal take with a lawyer?” Because of understaffing, the processing times for SSDI claims and appeals have increased.
The Social Security Disability Lawyers in NYC You Hire
If you choose not to hire a Social Security disability lawyer in NYC for your SSDI appeal, that alone could lead to a much longer process overall. You might forget to file the proper paperwork in a timely fashion or fail to provide key evidence related to your case.
Hire the Right Social Security Disability Lawyers in New York
Pyrros, Serres & Rupwani’s knowledgeable Social Security disability lawyers in New York can provide a more accurate answer to the question, “How long does a disability appeal take with a lawyer?” We can also represent you during a Social Security disability appeal from start to finish. Call us at (718) 626-7730 to prepare for SSDI hearing proceedings.
FAQs
Find the answers to more questions about Social Security Disability Insurance claims below.
What Are the Odds of Winning an SSDI Appeal?
The odds of winning an SSDI appeal are around 50%, though this number changes on a state-by-state and case-by-case basis. Those who appeal SSDI claim denials often have the greatest chance to win their cases during the second stage, which involves a hearing before an Administrative Law Judge.
How Can a Social Security Disability Lawyer Help You Win an SSDI Appeal?
A Social Security disability lawyer can help you win an SSDI appeal by filing it within the designated timeframe and collecting the right evidence to create a more compelling case on your behalf.
What Can I Do To Speed Up the Social Security Disability Appeal Process?
You can speed up the Social Security disability appeal process by filing a formal appeal quickly and hiring reputable Social Security disability lawyers in New York. They can often positively influence the answer to the question, “How long does a disability appeal take with a lawyer?” in some cases.