How long does a disability appeal take with a lawyer?
By Hogan Smith
Updated 01/28/2025
When your disability claim is denied, it can be a frustrating and stressful experience. However, appealing a denial with the help of an experienced disability lawyer can improve your chances of success. One of the most common questions individuals have when appealing a disability decision is: How long does a disability appeal take with a lawyer? While the timeline for an appeal can vary depending on various factors, understanding the general process and timeframes involved can help you prepare.
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Factors That Affect the Appeal Timeline
The length of time it takes to appeal a disability decision can vary based on a number of factors, including:
The Stage of the Appeal:
Disability appeals typically go through multiple stages, and the time it takes to complete each stage can vary:
- Reconsideration: The first level of appeal, where the SSA reviews your case again. This can take around 3 to 4 months.
- Hearing before an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing. The wait for a hearing can take anywhere from 12 to 18 months, depending on your location and the SSA’s backlog.
- Appeals Council: If the ALJ denies your claim, you can appeal to the Appeals Council. This process may take an additional 6 to 12 months.
- Federal Court: If your case is denied by the Appeals Council, you can take it to federal court. This can take 1 to 2 years.
Backlog and Location
The SSA's workload can vary significantly based on your region. Some states and offices have longer backlogs, which may cause delays in the processing of your appeal. Areas with more cases tend to have longer wait times.
Completeness of Your Application
Having all the necessary documentation ready can speed up the process. If your lawyer needs to gather additional medical evidence or other supporting documents, this can add time to the overall appeal process.
Your Lawyer’s Involvement
A skilled disability lawyer can help expedite the process by ensuring that all paperwork is completed accurately and submitted on time. A lawyer can also assist in gathering additional medical evidence or testimony that may strengthen your case, potentially shortening the overall timeline.
General Timeline for a Disability Appeal with a Lawyer
Here’s a rough breakdown of how long the appeal process can take at each stage when working with a lawyer:
- Reconsideration: 3 to 4 months
- Hearing before an Administrative Law Judge (ALJ): 12 to 18 months
- Appeals Council: 6 to 12 months
- Federal Court: 1 to 2 years
On average, from the time you file an appeal to the time you get a final decision, the process can take anywhere from 12 months to several years. However, the majority of claims are decided at the ALJ hearing stage, so that’s where most of the time is spent.
How Hogan Smith Can Help Speed Up Your Disability Appeal
At Hogan Smith, we understand how critical it is to get the benefits you need as quickly as possible. While the process can take time, having an experienced disability lawyer by your side can help ensure your case is handled efficiently. Here’s how we can assist you:
- Organizing and submitting all required documents on time, reducing the chance of delays.
- Gathering medical evidence and other supporting documentation that strengthens your case.
- Representing you at the ALJ hearing to ensure your case is presented in the best light.
- Handling any additional appeals with the SSA, Appeals Council, or in federal court if necessary.
Contact Hogan Smith Today
If you’ve been denied disability benefits and are ready to begin the appeal process, Hogan Smith is here to help. We understand the importance of getting your benefits as quickly as possible and will work with you every step of the way to expedite the process. Contact us today for a free consultation and let us assist you in your disability appeal.
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