Initial Denial and Request for Reconsideration

After your initial disability claim is denied, you have 60 days from the date you receive your denial letter to file an appeal. The first step in the appeal process is called a Request for Reconsideration. During this stage, your claim is reviewed again by someone who wasn’t involved in the original decision.

• How long does it take for reconsideration?
  The reconsideration process typically takes 3 to 5 months, depending on your state’s SSA office and the complexity of your case.
• What happens during reconsideration?
  During this time, the SSA will review all the medical evidence, work history, and other documents you submitted in your initial application. They may also request additional information from your healthcare providers. In some cases, you might be asked to attend a consultative examination.

Request for Hearing Before an Administrative Law Judge (ALJ)

If your request for reconsideration is denied, you can appeal again by requesting a hearing before an Administrative Law Judge (ALJ). This is your opportunity to present your case in person and provide additional evidence.

• How long does it take to get a hearing?
  The waiting time for an ALJ hearing can take anywhere from 12 to 18 months or more, depending on the SSA’s backlog in your region. In some areas, the wait could be even longer.
• Why does the hearing take so long?
  The delay is often due to the high number of disability cases waiting for hearings, as well as the availability of ALJs in your area. This backlog can vary significantly from one SSA office to another.

Decision After the Hearing

After the hearing, the ALJ will review your case and issue a decision. This decision can take anywhere from 30 to 90 days after the hearing. The ALJ will consider all the evidence presented, including your testimony, medical records, and other relevant documentation.

• What happens after the ALJ decision?
  If the ALJ rules in your favor, you’ll begin receiving benefits shortly after the decision is made. If the ALJ denies your claim, you can request an Appeals Council Review.

Appeals Council Review

If you disagree with the ALJ's decision, you can request the Appeals Council to review your case. The Appeals Council will decide whether to approve the ALJ's decision, send your case back to the ALJ for further review, or hear your case themselves.

• How long does the Appeals Council take?
  This step can take 1 to 2 years in some cases, although it may be quicker depending on the complexity of your case and the specific Appeals Council office.
• What happens during the Appeals Council Review?
  The Appeals Council doesn’t conduct a new hearing. Instead, they review the existing record of your case, including any new evidence or arguments you provide. They may decide to grant or deny your appeal.

Federal Court Review (Last Resort)

If you are still denied benefits after the Appeals Council’s decision, you may be able to take your case to federal court. This is a rare and last resort step in the appeals process. It can take months to years for the court to hear your case, depending on the court's docket and the specifics of your claim.

Factors That Can Affect Appeal Times

Several factors can influence how long it takes to complete the disability appeal process, including:

• Backlog of cases at your local SSA office.
• The complexity of your medical condition and the evidence required.
• The availability of hearings in your region.
• The quality of your documentation and evidence, including medical records.