Reconsideration Stage (Initial Appeal)

After your initial disability claim is denied, the first step in the appeals process is to request Reconsideration. During this stage, your case is reviewed by a different examiner who was not involved in the original decision.

• Timeframe: On average, the Reconsideration process takes about 3 to 5 months. However, this can vary depending on your state and the complexity of your case.
• What Happens: The SSA will review your original claim and any new evidence you provide. They may also contact your medical providers for updated information.
• Outcome: If your claim is approved at this stage, the process ends here. However, if your claim is denied again, you can proceed to the next level of appeal.

Hearing Before an Administrative Law Judge (ALJ)

If your claim is denied during the Reconsideration stage, your next option is to request a hearing before an Administrative Law Judge (ALJ). This is where you’ll have the opportunity to present your case in person, provide new evidence, and testify about your disability.

• Timeframe: ALJ hearings typically take 12 to 18 months to schedule after you request a hearing. The wait time for a hearing can vary greatly depending on your location and the backlog in your area.
• What Happens: After the hearing, the judge will review all the evidence and issue a decision. In some cases, the ALJ may issue a decision on the spot; in other cases, it may take a few weeks or months for the decision to be made.
• Outcome: If the ALJ approves your claim, you will start receiving benefits. If the ALJ denies your claim, you can appeal to the Appeals Council.

Appeals Council Review

If the ALJ denies your claim, you can request that the Appeals Council review the decision. The Appeals Council will examine your case to determine if the ALJ made any legal errors.

• Timeframe: The Appeals Council process can take anywhere from 6 months to 1 year, depending on the complexity of your case and the number of cases the council has to review.
• What Happens: The Appeals Council can either:
• Uphold the ALJ’s decision,
• Send the case back to the ALJ for further review (a "remand"),
• Reverse the decision and approve your claim.
• Outcome: If the Appeals Council denies your claim, your last option is to take your case to federal court.

Federal Court

If all other appeals are unsuccessful, you can file a lawsuit in federal court. This is the final step in the appeals process and is typically only pursued after the ALJ and Appeals Council have both denied your claim.

• Timeframe: The time it takes to resolve a disability case in federal court can vary, but it often takes 1 to 2 years to get a decision.
• What Happens: A judge in federal court will review the SSA’s decision to see if they made any legal errors. The judge can either uphold the decision or send the case back to the SSA for further action.
• Outcome: If the court rules in your favor, you will receive benefits. If the court upholds the SSA’s decision, the process ends here.

Total Time for the Entire Appeals Process

In total, the length of time for the entire appeals process can take anywhere from 18 months to 3 years or longer. The process can be frustrating and time-consuming, but understanding the steps and being patient is essential.

• Initial Appeal (Reconsideration): 3-5 months
• ALJ Hearing: 12-18 months
• Appeals Council Review: 6-12 months
• Federal Court: 1-2 years (if applicable)

How to Speed Up the Process

While there is no guaranteed way to expedite the appeals process, there are some steps you can take to help ensure that your case is handled as quickly as possible:

• Provide Complete and Accurate Information: Make sure your application and all supporting documents are complete and accurate. Missing or incorrect information can lead to delays.
• Submit Additional Medical Evidence: If you have new medical records or additional documentation, provide it as early as possible in the process.
• Work with a Disability Attorney: An experienced disability attorney can help ensure that your appeal is well-prepared, reducing the chances of errors or unnecessary delays.