Discover The Duration: How Long Does An Appeal Take For Disability?
Have you been denied a request for disability benefits in Miami? It can be an uncertain and distressing time if you’re not sure you’ll get the support you need for an unexpected illness. Fortunately, with the support of the Law Office of Cary Woods II, a personal injury lawyer and disability specialist, you’ll find the answer to the question ‘How long does an appeal take for disability?’. This article will discuss the duration and process of filing a disability appeal.
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Understanding The Disability Appeal Process
You may need to take two routes when appealing your disability claim decision. This depends on whether you receive:
- Social Security Disability (SSD) depends on how many hours you have worked over your working life and what you have ‘paid into’ the system. If you have worked 5 out of the ten previous years, you should be entitled to receive SSD.
- Supplemental Security Income (SSI) is a means-tested application for disability benefits. For example, you should be entitled to SSI if you lack income or financial resources.
If you have been denied your request for disability benefits for either SSD or SSI medical grounds, you can appeal the SSA decision online during set hours.
However, you may want to appeal the process in writing for SSI claims, which will require the following documentation:
- A request for reconsideration – this form allows you to file an appeal outlining the reasons you think you should be receiving disability benefits.
- Disability Report – Appeal – this helps to provide supporting information regarding your claim, like new medical conditions
- Authorization to disclose information to the Social Security Administration (SSA) – this form gives your consent for this information to be used by the SSA.
If you have been denied SSI for non-medical reasons, you only need to file the ‘A request for reconsideration’ form. Non-medical grounds include issues around overpayments, receiving other benefits, or working hours. You can get support from a legal professional like the Cary Woods Law team to fill out your documentation. You must then send the form to your local Social Security office.
For your request for reconsideration to be assessed, you must file the claim within 60 days of the original decision being received. For non-medical decisions, if you want to continue receiving payments while the appeal is reviewed, you must file your claim within ten days of the original decision.
Timeframe For A Social Security Disability Appeal
Once you have sent your request for reconsideration, you may receive a positive response to your appeal, upon which you will receive your benefits, and the appeal process will end. Most initial decisions are issued in two months.
If you do not receive the decision you want, you will be entitled to attend a hearing where an administrative judge will decide the outcome of your appeal. On average, the wait time for this is 18 months in Miami. Once you have attended your hearing, you may also wait up to three months for the administrative judge’s decision about your claim.
Most cases only go as far as an administrative judge’s decision, which means the answer to the question ‘How long does an appeal take for disability?’ can be, on average, two years. This can seem like a long period of time. However, it’s essential to take the time to fill out your claim and ensure that you have the evidence you need to overturn the original decision.
How Long Does An SSI Appeal Take?
Most disability appeals stop once they’ve received an administrative judge’s opinion. However, if you cannot work and the judge upholds the original decision to withhold benefits, you may need to take further steps to receive benefits from a disability appeal claim.
If you do not begin receiving benefits after the administrative judge’s decision, you can ask an Appeals Council to review the judge’s decision by filing the following form. You must do this within 60 days of receiving the judge’s decision.
The Appeals Council can take up to a year to assess a request to review the judge’s decision. They may overturn the decision outright or send it back to the judge to make a different decision.
If the Appeals Council upholds the judge’s decision, you must file a civil action with your local U.S. District Court. This must be filed within 60 days of the Appeals Council decision. Most individuals may then wait another year to receive an outcome. The District Court may send it back to the Appeals Council and judge to issue a new decision or dismiss the case.
Navigating The Lengthy Disability Appeal Process
The four central steps in a disability appeal require some preparation, and it may be advisable to speak to a legal professional to ensure that you have the evidence and documentation needed to win your case.
Request For Reconsideration
The request for reconsideration forms should be detailed and accurate for the review to be successful. These will also form the basis of any subsequent appeal steps.
Administrative Judge
The administrative judge may request medical providers and treatment experts to speak at your hearing. It is essential that your medical documentation is up to date and that you can provide evidence that treatment has not improved your condition.
Appeals Council
The Appeals Council may require new documentation and information to make a decision. It is essential that your documentation and medical records are up to date.
Federal Court
The federal court may request new information at this final stage of the escalation process. You should consider a legal professional to support you through this stage of the process.
The Waiting Game: How Long Does A Disability Appeal Take?
The standard disability appeal process can take up to two years. The initial request can take two months to review, the hearing date can take 18 months to arrange, and their decision can take up to three months. So, 23 months if you submit your claims immediately after the original decision happened. The sooner you file a claim, the quicker you can seek action.
Patience Is Key: How Long Does A Disability Appeal Take?
If you need support from the Appeals Council and subsequent assistance from the federal court, you could wait an additional two years. Taking action as soon as the decisions are made can help speed up the process significantly.
Breaking Down The Length Of A Social Security Appeal
The full breakdown follows below:
- Request for consideration – two months
- Administrative judge hearing – 18 months
- Administrative judge decision – three months
- Appeal council – one year
- Federal court – one year
This means you could wait for up to nearly four years to receive a decision.
Managing Expectations: How Long Does A Disability Appeal Take?
Although the four-year mark covers the amount of time it takes for decisions to be made, this is an average. If you add time to receive decisions and gather the necessary evidence, this could take even more time.
Don’t delay your path to receiving the benefits you need. Contact Law Office of Cary Woods II for your free case evaluation today. Save time and get vital support in winning your disability appeal.
