LawNavigating Disability Appeals: How Long Does It Take With a Lawyer?

Navigating Disability Appeals: How Long Does It Take With a Lawyer?

Wondering about the road ahead after a disability claim denial? Navigating the complex world of disability appeals can be challenging, but fear not! In this article, we unveil the secrets to a successful appeal with a lawyer by your side.

From the stages involved to the benefits of expert representation, we’ll show you how to steer through the maze and reveal how long does a disability appeal take with a lawyer. If you’re curious about the key to a smoother journey, read on!

The Stages of a Disability Appeal

Disability appeals have several stages, each with rules and waiting periods. When you decide to appeal a denial, it usually involves these steps:

Reconsideration

At the first stage of a disability appeal, known as “Reconsideration,” a fresh set of eyes looks at your case. This means that the person reviewing your request differs from the individual who initially decided to deny your disability benefits application.

This stage aims to ensure that your case is given a fair and impartial assessment. The process can take around 3 to 6 months to complete.

Administrative Law Judge Hearing

If your disability claim is denied again at the Reconsideration stage, the next step is requesting a hearing with an administrative law judge (ALJ). During this phase, an ALJ, an impartial legal expert specializing in disability law, will review your case.

The hearing is essential for you to present your case in person. In this stage, prepare to provide additional evidence and testimony to support your claim. The waiting period for an ALJ hearing can be lengthy, typically 12 to 24 months.

Appeals Council Review

If your claim is denied by the administrative law judge (ALJ) during the hearing stage, you still have one more option to pursue. This is to request a review from the Appeals Council.

This serves as the final administrative step in the appeals process. This part might take an extra 6 to 12 months, adding to the delay in receiving your past due disability benefits.

Federal Court Review

If your disability claim is denied after the Appeals Council review, you have one final recourse: filing a lawsuit in federal court. It involves seeking a resolution from the judicial system. This step’s duration can vary a lot depending on the court’s schedule and the complexity of your case.

How Long Does a Disability Appeal Take With a Lawyer?

The time it takes for a disability appeal can differ based on factors like how complex your case is, when you get approval, and how many cases the SSA handles in your region. With disability lawyers for social security, the appeal process might take 1 to 3 years from the initial denial to a decision.

While you can do it without one, statistics show that having a lawyer improves your chances of success. According to SSA data, claimants with legal representation at their hearings are almost twice as likely to get approved for benefits as those without a lawyer.  

From Denial to Victory

Disability appeals can be long and tough, but having a lawyer on your side can make it easier. While there are no guarantees, the chances of winning disability with a lawyer are significant.

Now that you know how long does a disability appeal take with a lawyer, consider talking to a qualified one today. The journey may take time, but the possibility of securing essential disability benefits makes it worth the effort.

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