If you are disabled and unable to work due to your disability, you may have filed a claim for disability benefits. If not, you may consider doing so.
In the ideal set of circumstances, these claims would be quickly approved, and the benefits you need would begin as soon as possible. Unfortunately, however, this is not always the case. Sometimes, claims for benefits are denied.
When this happens, it’s understandable that you may feel frustrated and anxious. The good news is that the initial denial is not final. You may wish to consider pursuing an appeal. Let’s take a closer look at the stages of the appeal process and whether or not it might be the right option for you.
When Is an Initial Decision Received?
If your claim for disability benefits was denied and you are considering filing an appeal, you should know there are various stages of the appeals process. First, it’s important to understand that most people receive their initial SSDI or SSI decision within 4 to 6 months of filing a claim. In some cases, however, it can be longer if the Social Security Administration is particularly busy at the time.
As a result, prior to even filing an appeal, it is important to be certain that you know whether or not your claim has actually been denied. You can always check the status of your claim with the attorney who helped you file it, or with the Social Security Administration itself by checking online or making a phone call.
Ultimately, however, if your initial application is denied, you shouldn’t panic. In fact, the Social Security Administration routinely denies initial claims. Although this is not always the case, it does happen fairly frequently. In these situations, you may wish to file an appeal. Let’s take a closer look at the various stages of the appeals process.
Stages of the Appeals Process
There are four possible stages of the appeal process. These include:
- Reconsideration: This is always the first step of the appeals process. When you make a reconsideration request, the Social Security Administration will review your application again to ensure that it did not make any mistakes. This is often a brief and cursory review that does not delve into the particular circumstances of your claim in great depth, as a general rule. Often, reconsideration requests end in denial, which will require you to move on to the next appeal stage.
- Disability Hearing: A disability hearing is your opportunity to present your case to an Administrative Law Judge (ALJ) in person. The ALJ will have the authority to overturn your denial or reaffirm it. If you make it to the stage of having a disability hearing, your chances of overturning your denial are better than in the reconsideration stage, although it is still not a guarantee. If your claim is still denied, you will move on to what is usually the final stage of appeal for most applicants.
- Social Security Appeals Council: The Social Security Appeals Council can decide whether or not to review an ALJ‘s denial and send your claim back for another hearing. As a general rule, however, unless the ALJ makes a clear legal error, the opinions of that ALJ will likely be affirmed.
- Federal District Court: Sometimes, even when the Social Security Appeals Council denies an applicant, they want to continue to pursue their appeal. Applicants can choose to file a civil suit requesting review of the SSA decision. While this is an option, it is not chosen by many because protracted litigation is often expensive, and success at this stage is unlikely.
How long the entire appeals process will take depends on how many of these stages of appeal you go through. On average, it is estimated that it takes most applicants around a year and three months from the time an initial appeal is filed until a final decision is issued. Understandably, this number may vary depending on your specific claim.
Call Muse Disability Today
At Muse Disability, we know that sometimes the process of pursuing disability benefits can feel overwhelming. This can especially be true if you have filed a claim before and have been denied. When you are dealing with a difficult health condition and you are unable to work, it’s completely understandable that you want the process to move quickly, and you want to do all you can to fully assert your rights and seek the benefits you need. That’s why we’re here to help. We know and understand every aspect of the law pertaining to disability benefits, and we will always pursue the best legal strategies on your behalf, no matter where you are in the process. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.