If you are struggling with a disability and you filed a claim for benefits that was initially denied, you may be feeling frustrated, overwhelmed, and confused. It may be difficult to understand why the Social Security Administration would deny your claim. If you find yourself in the situation, you should know that you are not alone. In fact, it is fairly routine for disability claims to be denied on the first attempt. You also shouldn’t panic or feel as if you’ve lost the chance to ever receive benefits. The good news is that if your claim has been denied, you have multiple options for pursuing an appeal. You may wonder what these options are, and how long the process might take. Let’s take a closer look at the law together.
The Stages of the Social Security Appeals Process
Like any legal matter, seeking Social Security disability benefits may initially seem complicated, and that’s understandable. It’s a process that consists of various stages, and the number of stages your claim goes through will ultimately determine how long you have to wait for a final decision on your claim.
The various stages of the process include:
- Initial filing of the claim: This is the first step of pursuing a claim. It includes gathering medical evidence and other important documentation, and submitting it to the Social Security Administration for approval. Generally, it takes between three and five months for an initial decision on a claim, although this timeline can be longer if the Social Security Administration is particularly busy at the time. If your claim is approved, you’ll be finished with the process and can await the arrival of your first check. If your claim is denied, however, you shouldn’t panic. In fact, the Social Security Administration is known to reject many claims upon initial filing. If this happens to you, you may want to move on to the next phase of the process, which is a request for reconsideration.
- Request for reconsideration: This is the first stage of the appeals process. You must file a reconsideration request within 60 days of your initial claim denial. If you have any new medical evidence to present with your request for reconsideration, doing so is strongly advised. After you file a request for reconsideration, another evaluator will review your request again, and a decision on your request will be issued. Typically, this phase of the appeals process can take anywhere from three to six months.
- Hearing with an Administrative Law Judge: If your request for reconsideration is denied, you may decide to pursue your appeal to the next level, which is a hearing with an Administrative Law Judge. During this phase of the process, you will be able to present evidence, including medical records, witness statements, and other information, to an Administrative Law Judge who will consider the evidence and the previous decisions rendered in your case. The ALJ may also ask you questions about your case, and after doing so, will issue a decision. This stage of the appeals process typically takes about two to three months, although the timeline can vary depending upon how busy the ALJ is at the time.
- Review by Appeals Council: If you have appealed your case to an Administrative Law Judge and your claim is again denied, you can pursue a review by the Social Security Appeals Council. At this stage of the process, the counsel reviews the ALJ’s decision for any legal errors and decides to reject or affirm the judgment. If the Council affirms the ALJ, you can take your case to the final stage of appeal. This stage of the process is often more time-consuming and can take as long as 18 months or even more in some cases.
- Review by Federal Court: This is the final stage of the appeal process, and it consists of filing your appeal in your state’s federal district court. At this level, you will present evidence and argument, and if your case is not settled before a decision is rendered, a judge will make a final decision on your claim after reviewing all evidence and argument presented. This process can take a year or longer, depending on how busy the court system is when you file your appeal.
If all of these steps seem slightly confusing or overwhelming, that’s normal. The law can be complicated, and you may have many questions about the process and your particular circumstances. If so, at GCC Disability, we’re here to help.
Call GCC Disability Today
At GCC Disability, we know and understand the difficulties that a disability can cause. That’s why we specialize in helping our clients fight for those benefits by putting our extensive knowledge and experience to work on your behalf. We will always pursue the best legal strategies for your claim, and we will walk with you each step of the way on this journey. We have been honored to walk with many of our clients as they have pursued the benefits they need and deserve – and we would be honored to help you too. If you’re ready to take that first step today, give us a call. We look forward to helping you soon.