Was your disability claim denied, and now you must file for appeal?

Appealing can imply extra stress and anxiety for many claimants. You have a disability preventing you from working and need financial assistance ASAP.

We understand how frustrating this moment can be.

At our Indianapolis disability law firm, our legal team acknowledges that timing is everything in this instance.

If you didn’t so far, you might be considering hiring a disability attorney. And likely you wonder “how long does a disability appeal take with a lawyer?”

In this article, we’ll explain everything you need to know about Social Security disability appeals. You’ll learn the different appeal stages, how long each takes, and how a seasoned attorney can help you strengthen your case and win benefits.

Understanding Social Security Disability Benefits Appeals

A Social Security disability benefits appeal is a request to challenge the Social Security Administration’s (SSA) decision to reject your claim.

When the SSA denies a case, instead of filing a new claim, you have the option to appeal.

This process is lengthy and far from easy, but you have a good chance of winning by enhancing your case. In fact, about 54% of cases are approved at the second stage of the appeal process (a hearing with a judge).

Disability appeals have a similar process for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and Veterans Disability Benefits.

Why Some Claimants Must Appeal?

Claimants have the option to request an appeal when their claims get rejected.

There are several reasons why the SSA declines a case, the most prevalent being not providing enough supporting medical evidence.

Other reasons include noncompliance with the process, flaws in the application form, missed deadlines, and not meeting the SSA’s disability criteria.

While you can win benefits by appealing, avoiding reaching this instance is always recommended.

Claimants can significantly improve their chances of winning disability benefits by working with a lawyer. Getting approved for your initial claim will save you precious time and allow you to receive benefits faster.

Stages of Appeal: How Do Disability Benefits Appeals Work?

How long does a disability appeal take with a lawyer? That depends on which stage of the appeal process your claim is approved.

SSDI and SSI benefits appeals have 4 stages:

Reconsideration

Your claim was rejected, but you firmly believe it was a mistake? If you consider your case to be strong enough, you can request reconsideration, which is a second case review.

At a reconsideration, SSA’s examiners who didn’t take part in the original review will assess your claim.

The SSA will review your case from scratch, considering all the old evidence and any new proof you might want to submit.

Sadly, most reconsiderations end up in denial, and claimants must move on to the next stage.

To win at reconsideration, you must have brand new (and relevant) evidence or a lawyer for Social Security disability benefits helping with your case.

Court Hearing with Administrative Law Judge

Was your claim denied at reconsideration? You can request a hearing.

The appeal hearing will be conducted by an Administrative Law Judge (ALJ) who did not participate in the original decision.

Before the hearing, the ALJ will review all your case information (from initial claim and reconsideration), plus any new evidence you might submit.

This stage gives you the chance to present your case before the judge. Your argument—if well crafted—can demonstrate to the judge how your disability impacts your daily life and work-related activities.

You must carefully choose your words and how to describe your impairment, as well as be aware of which things are better left unsaid. An attorney can help you prepare a compelling argument that clearly states the severity of your disability.

At the hearing, the judge will ask you questions about your case. Be prepared to answer them clearly and honestly; don’t maximize or minimize your symptoms.

Do you feel nervous about the hearing? A disability lawyer can represent you in court and prepare you so you know what to expect and the most benefitial action course.

Review by Social Security Appeals Council

If the Administrative Law Judge doesn’t overturn your claim, the next step is an appeals council review.

You can request an appeals council review online at the Social Security website. The Appeals Council randomly selects applications and holds the discretion to review, deny, or dismiss any request.

The Appeals Council can:

• Overturn an Administrative Law Judge’s ruling and approve your SSDI claim.
• Send your appeal back to an Administrative Law Judge for further evaluation.
• Agree with an Administrative Law Judge’s decision and reject your appeal.

Bear in mind that the Appeals Council can deny your claim without even reviewing it. And if it asses your case, chances are they will send it back to the ALJ that denied it in the first place.

Your chances of winning disability benefits at this appeals stage are 1%.

Your best chance of securing your benefits is at the appeal hearing, so being prepared is crucial.

Federal District Court

The last option of the appeal process.

For this step, you must file a lawsuit in U.S. District Court. If, by now, you haven’t hired legal representation, you almost certainly should do it now.

Federal judges are meant to review cases solely for legal errors, yet many also make decisions on factual issues.

While district court judges reverse decisions made by ALJs or the Appeal Council in a limited number of instances, they do remand (send back to Social Security) around half of the disability cases they receive.

In cases of remand, federal judges frequently highlight Social SSecurity’sshortcomings in:

• considering a healthcare provider’s opinion,
• addressing pain and related symptoms, or
• requesting evaluations of abilities from treating physicians.

While you have a reasonable chance of winning an appeal in federal court, pursuing this route isn’t an attractive option. Suing the SSA is expensive and can take a lot of time. Even if you succeed, reaching that stage of the appeals process may take years.

How Long Does A Disability Appeal Take With A Lawyer?

To answer your question, “How long does a disability appeal take with a lawyer?” we must consider how long you’ll have to file for an appeal.

After you receive the SSDI denial letter from the SSA, you have 60 days to file an appeal request.

You don’t want to rush things and request an appeal right away. If your original case had flaws or weak spots, this is the time to review it and enhance it before the reconsideration or appeal.

You don’t want to waste time either and risk missing the deadline or delaying the appeal process.

Typically, these are the timeframes for each apple stage:

• Reconsideration: A different examiner reviewing your claim can take 3–6 months.
• Hearing: A request for a hearing before an Administrative Law Judge can take 12–18 months.
• Appeals Council: A review for legal errors usually takes 6–12 months.
• Federal Court: A lawsuit in federal court takes several months to a year.

How long does a disability appeal take with a lawyer?

Working with a seasoned attorney with experience in appeals can significantly speed up the process.

While attorneys don’t have control over waiting periods, they can enhance your case to obtain approval at the earliest stage.

How a Disability Lawyer Will Help You Win Benefits on Appeal

Let’s see how a skilled disability lawyer can help you secure benefits through the appeal process:

Gain Clarity – Your Attorney Will Explain You The Appeal Process

The SSDI benefits process is complex and challenging; the SSDI appeals journey is even more so.

Appeals are intricate and have strict rules and regulations claimants must follow. You have already faced rejection once; you can’t avoid any mistake or confusion that might lead to an appeal denial.

Disability attorneys know the ins and outs of this process. They understand how the system works, and they’ll use that knowledge to lighten your path.

When working with a disability lawyer, you’ll attend the hearing knowing what to expect.

Your lawyer will explain the process and answer all your questions. They’ll tell you the order of the events and who else will be present that day at court.

Enhance Your Case – The Lawyer Will Gather Strong Evidence

The number one reason why the SSA rejects disability claims at the initial instance is due to a lack of substantial medical evidence.

The documentation you provide should not only prove you have a qualifying disability but also clearly demonstrate how your symptoms prevent you from working.

If you are not able to prove you can no longer work, you won’t win disability benefits at any stage.

Your attorney will review your case, find its weak spots, and gather evidence to enhance your claim.

Medical evidence is much more than medical records. It can include test results, diagnoses, letters from medical professionals, and other relevant documentation.

An attorney will contact healthcare providers, clinics, and, if necessary, doctors specializing in your condition to gather strong medical evidence.

Beyond medical proof, there are also technical requirements you must meet. Your lawyer will ensure you have all the mandatory non-medical requirements for SSDI.

Be Confident – Your Lawyer Will Prepare You for The Hearing

At the hearing, you will have to present your case before the Administrative Law Judge.

The judge will ask you questions about your disability, symptoms, pain level, work-related activities, and daily life.

This stage can be a bit stressful if you have never spoken in court before.

Your attorney will meet with you before the hearing to prepare you.

In addition to offering legal advice, they will advise you on what to express and what to refrain from saying.

Attorneys know what type of questions judges ask at disability hearings. They’ll ensure you know the right answers and reply only in ways that benefit your case.

This preparation will ease stress and allow you to attend the hearing with confidence.

Legal Representation – The Attorney Will Represent You At Court

When reaching the appeal instance, your attorney’s job is representing you at the hearing.

They will present your case to the judge, provide crucial information to support your claim, and call witnesses.

You’ll want to work with a professional disability lawyer with experience in appeal hearings.

Prove Your Disability – Your Lawyer Will Cross-Exam Professionals

A common reason why the Social Security Administration rejects claims is because it doesn’t consider the symptoms to be severe enough.

Your attorney’s duty is to ensure the judge understands how your impairment impacts your ability to work.

At your hearing, a Medical Expert (ME) and/or a Vocational Expert (VE) will be present. The ME delivers a professional opinion, while the VE supplies details regarding the skills and physical or mental capabilities needed for particular jobs.

The judge will ask the ME and VE hypothetical questions. For example, could a person with this level of pain work standing for several hours?

The VE typically provides a list of other jobs they believe you could still perform, and this is where your lawyer comes into play. The attorney will refute what the VE says about your ability to work.

Need A Seasoned Lawyer to Win A Disability Appeal?

How long does a disability appeal take with a lawyer?

That depends on your particular case and how long the SSA reviewers, Administrative Law Judge, or Appeals Council take to assess it.

One thing is certain: an attorney will enhance your claim, boosting your chances of getting approved at an early appeal stage.

Are you looking for a team of experienced disability attorneys? At Pinyerd Law, we’ll gladly assist you with your appeal. We encourage you to schedule a free consultation with us. We’ll review your case and prepare a successful strategy to win disability benefits.