How Long does a Social Security Disability or Supplemental Security Income Appeal typically take?

by Editorial Board on September 6, 2010 · 0 comments

in Questions & Answers,Basics of SSD,Appealing a SS Decision

There is no way of knowing for sure how long an appeal for Social Security Disability or Supplemental Security Income benefits will take.  There are four levels of appeal for denials of Social Security benefits.  The first level of appeal is filing a Request for Reconsideration.  The request must be filed in writing within 60 days of receiving the denial on your initial application.

Typically Requests for Reconsideration are processed within 3-4 months.  However, some Requests for Reconsideration can take up to 6 months or more.  The second level of appeal is filing a Request for a Hearing.  If your Request for Reconsideration is denied, you can file a written Request for a Hearing within 60 days of receiving the Reconsideration denial.

Requests for Hearing are sometimes processed within 6 months.  However, sometimes it can take a year or more for a hearing to be scheduled after the Request for a Hearing has been received.  The third step of appeal is filing a Request for Review from the Social Security’s Appeals Council.

Appeals Council’s review can take anywhere from 3 months to over a year to be processed.  The Appeals Council remands about 25% of cases that are appealed.  These cases receive a new hearing, usually before the same Administrative Law Judge (ALJ) who denied the claim.

It can take anywhere from 3 months to over a year to have your case rescheduled before an ALJ.  And this process can be delayed by consultative examinations the ALJ may be required to send you to.

The fourth level of appeal is filing a lawsuit in Federal District Court.  Time frames vary quite drastically in this instance, too.  Accordingly, it is important to remember that estimated time frames may be given, but  cannot be set in stone.

Post a comment below to share your thoughts on this subject or ask us a question, we encourage you to be part of the Living with a Disability community.

Previous post:

Next post:

Leave a Comment