Steps in the SSDI Appeals Process and Timeframes

Step 1: Request for Reconsideration

After your initial SSDI claim is denied, the first step in the appeal process is to request a reconsideration. During this stage, the Social Security Administration (SSA) will review your case again, but it will be handled by someone other than the original decision-maker. This is the first opportunity to challenge the SSA’s decision without having to go to court.

• Timeframe: The reconsideration process usually takes 3 to 6 months. However, depending on the volume of appeals in your region, it could take longer.
• What can delay this step?: Delays can occur if you haven’t provided all the necessary documentation or if the SSA needs to obtain more medical records or other evidence.

Step 2: Request a Hearing Before an Administrative Law Judge (ALJ)

If your reconsideration is denied, the next step is to request a hearing before an Administrative Law Judge (ALJ). At this stage, you’ll have the opportunity to present your case in person, explain how your condition affects your ability to work, and provide any new evidence. The ALJ will make a final decision based on the hearing.

• Timeframe: On average, it can take 12 to 18 months to get a hearing scheduled, depending on the caseload in your area. In some areas, the wait can be even longer.
• What can delay this step?: The length of time may vary depending on the number of pending cases in your region. Some areas have more ALJs and faster processing, while others may have a longer backlog.

Step 3: Decision After the Hearing

Once the hearing is over, the ALJ will issue a decision, which can take 30 to 90 days after the hearing. This decision will either approve, deny, or remand (send back) your case for further review.

• Timeframe: If the ALJ’s decision is to approve your claim, you could begin receiving your benefits fairly quickly. However, if the ALJ denies your claim or sends it back for further review, this could add more time to your process.

Step 4: Appeals Council Review

If the ALJ denies your claim, you can request a review from the Appeals Council, which will examine your case to determine if the ALJ made an error in applying the law or if the decision was supported by the evidence.

• Timeframe: The Appeals Council typically takes 6 to 12 months to make a decision, though this can vary.
• What can delay this step?: The length of time may depend on the complexity of your case and the overall caseload of the Appeals Council.

Step 5: Federal Court

If the Appeals Council denies your case or doesn’t review it, you can take your case to federal court. A judge will review the SSA’s decision and make a final ruling on your case.

• Timeframe: A case in federal court can take 1 to 2 years or more to resolve, depending on the complexity of your case and the court’s schedule.

Factors That Can Impact the Timeline for Appealing an SSDI Decision

• Backlog in Your Area: Some regions have a larger backlog of cases, which can increase the wait time for hearings or decisions.
• Case Complexity: If your case involves complex medical evidence or legal issues, it may take longer to process.
• Additional Medical Evidence: If new medical evidence is needed, delays may occur while the SSA or your doctors obtain and submit records.
• Your Preparedness: Having your documentation and evidence ready from the start can speed up the process. If your paperwork is incomplete or you need to request additional medical records, it may cause delays.