How long does it take to get a decision for a disability appeal?



After filing an SSD or SSI disability appeal, how long for a decision?



 
If your SSI or SSDI is denied, you will have to pursue your disability through the Social Security appeal process. The amount of time that it will take to get a decision on your appeal changes with each level of the disability appeal process.

The first appeal is a reconsideration appeal, this appeal is sent back to the same disability agency that made your initial disability decision. The reconsideration appeal is simply a review of the initial disability determination on the SSDI or SSI claim; the only difference is that another disability specialist makes the decision. Unless you have included new medical evidence that meets the criteria for an approval or the initial specialist made an error it is likely that the initial decision will be upheld.

Generally, reconsideration appeals take about 60 days for a decision. If you are not approved with your reconsideration (most are not), you have to file a request for a disability hearing with an administrative law judge, or ALJ.



There is no way to estimate how long it will take you to get a decision at this level as wait times for disability hearings vary across the nation. One thing that can be said is that no matter where you live you are most likely looking at a year, or more, in total waiting time for your hearing to be scheduled.

Social Security is trying to mitigate long wait times by remanding some cases with a likelihood of a fully favorable decision back to the original disability agency for a decision. If your disability case is remanded, it will significantly reduce your wait time for a decision. However, if your disability case does not involve a clear approval, you will most likely have to wait for your actual disability hearing.

In summary, the disability appeal process can be a lengthy process that has no guarantee of approval. However, if you are not able to work due to your disability you have no real choice but to pursue disability through the appeal process.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.














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