Does Hiring a Disability Attorney Speed Up the Appeal Process?

When you are struggling with a disability that has caused you to be unable to work, there is no question that you may face many challenges, including financial ones. If you find yourself in this situation, you may have filed a claim for disability benefits. While disability benefits can certainly be an essential source of financial support and stability during a difficult time, it is important for those pursuing benefits to realize that a claim may be denied on the first filing attempt. If this happens to you, you may be interested in pursuing an appeal. Let’s take a closer look at the appeals process and how long it might take.

What is the General Process for Pursuing a Claim?

The general process of pursuing a claim for disability benefits will consist of gathering necessary medical evidence and other documentation relating to your work history, earnings, and how your disability has affected your ability to work. That information will be submitted along with your claim, which the Social Security Administration will review.

Depending upon your circumstances, you may wish to pursue Social Security Disability Insurance (SSDI) benefits, Supplemental Security Income (SSI) benefits, or both. Although these benefits have significant differences, they share two things in common. For either benefit, the Social Security Administration requires that the individual have a disabling condition that has rendered the applicant unable to work for at least one continuous calendar year or more.

Typically, after gathering your necessary evidence and submitting a claim, it will take at least a few months for a decision on your claim to be rendered. This timeline can vary slightly depending on the complexity of your claim and how busy the Social Security Administration is at the time.

As noted, it is not unusual for a disability claim to be denied on the first attempt. If this happens to you, you shouldn’t panic. You may want to pursue an appeal, and a knowledgeable and experienced attorney can guide you through the process.

What Are the Stages of Appeal?

Generally, the process of pursuing a disability appeal consists of the following stages:

• Request for Reconsideration: This is the first step of the appeals process. When you request reconsideration, an examiner from the Disability Determination Services Office in your state will review your original application, as well as your request for reconsideration and the evidence you present with that request. Typically, this person will be someone different than the individual who reviewed and made a decision on your initial application. Depending on how busy the Social Security Administration is at the time, this process could take several months. If a claim is approved following a request for reconsideration, you will begin receiving disability benefits and will have finished the appeals process. If not, you can move to the next step of the process if desired.
• Request a Hearing with an Administrative Law Judge: If your request for reconsideration is denied, you can continue to pursue your appeal further by requesting a hearing with an Administrative Law Judge. A request for such a hearing will need to be made within 60 days of the denial of a request for reconsideration. This hearing may occur in person, over the phone, or via video. Generally, it will consist of presenting evidence and argument to the ALJ, who will review the entire claim and render a decision on the appeal.
• Appeals Council Review: If you disagree with the decision issued by the Administrative Law Judge, the next phase of the process is to seek a review by the Appeals Council. A request for a review must be made within sixty days of the date of the decision of the Administrative Law Judge. The Appeals Council will review the decision of the ALJ, and any evidence and argument presented, and render a decision either upholding or reversing the decision of the ALJ.
• Federal District Court Action: This is the final stage of the appeals process. Those who disagree with the decision of the Appeals Council can file a civil suit in federal district court within sixty days of the date of the Appeals Council decision. The federal district court will review evidence and argument and ultimately issue a final decision on a claim.

As there are several stages of the appeals process, the amount of time it takes to complete an appeal will ultimately depend on how many stages of the process you pursue. Depending upon the number of stages of appeal and the complexity of the case, the entire process can take anywhere from several months to a few years.

Call American Disability Action Group Today

Often, when you need disability benefits, the process of pursuing an initial claim or filing an appeal may seem complicated, confusing, and overwhelming. If you feel that way, you should know that those feelings are normal. The good news is that this is not a process that you have to pursue alone. At American Disability Action Group, we’re here to help. Our knowledgeable and experienced attorneys will always pursue the best legal strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.

Sources:

• Eligibility for Social Security Disability Benefits: https://www.ssa.gov/benefits/disability/qualify.html
• Social Security Disability Appeals Stages: https://www.ssa.gov/apply/appeal-decision-we-made
• Average Processing Time for Disability Appeals: https://www.ssa.gov/data/disability_reconsideration_average_processing_time.html
• Appearing for an Appeals Hearing: https://www.ssa.gov/appeals/hearing-appearances.html