How Long Does A Social Security Disability Or Ssi Appeal Take
Social Security Disability claims do not have deadlines. While the Social Security Administration tells you to expect to hear an initial decision within three to five months, this is just an estimate and you have little to no recourse if the process runs over that time frame.
If you received a denial for your application for Social Security Disability Insurance or Supplemental Security Income , you may file an appeal. The appeal timeline depends on several factors, including:
- How quickly you file your appeal following the initial decision
- The evidence in your appeal
- The appeal level of the disability claim and
- Whether there is a backlog at the SSA office.
You May Qualify For Legal Assistance
The last thing you want if youve recently become disabled is for this process to take two years or longer, so its a good idea to speak with an experienced Social Security disability advocate or attorney before you start the application process. Not only will they be able to help you prepare, but they also know what to do in the event that your application gets denied during the first round. The faster the SSA reviews and approves your claim, the faster youll receive the benefits you need.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
How Can An Attorney Help You With Your Social Security Disability Appeal
If you are disabled and unable to work, yet you have been denied Social Security Disability benefits, do not face the appeals process on your own. The SSD appeals process can be extremely complex, and it is almost a certainty that you will have better results with an experienced Social Security Disability attorney from Carmichael Law Group by your side. We can help you understand the process, make sure crucial dates are never missed, take care of all the paperwork on your behalf, and keep you up to date regarding where your appeal is at any given time. To give yourself a much better chance of receiving the disability benefits you need and deserve, contact Carmichael Law Group today.
Contact us today for your FREE initial consultation.
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How Long Does A Disability Appeal Take In Milwaukee Wisconsin
If youve been denied disability, you may need to seek a disability appeal. Many times people suffer injuries that result in disabilities that keep them from being employed. If this happens in Wisconsin, you can apply for disability benefits. You can get these benefits through the Social Security Administration and the social security disability insurance .
Disability aids will provide you with a monthly income to cover your financial needs. On your first application for disability benefits in Wisconsin, you may receive a denial letter. The law allows you room to appeal if you believe the SSA should have approved your request.
However, the disability appeal process in Wisconsin is a rather lengthy and technical one. And without the guidance of a social security law attorney, it is near impossible to get a favorable result. Therefore, since your financial survival heavily depends on getting the benefits, it would be best to hire a disability benefits lawyer.
How A Social Security Disability Lawyer On Our Team Helps With Your Appeal
After your claim has been denied, you may ask that your claim be reconsidered or request a hearing in front of an Administrative Law Judge . There may also be a vocational expert at the hearing. You are not required to hire a lawyer to represent you at a disability appeal hearing. However, there are several benefits to having an attorney represent you.
One of our Social Security Disability lawyers can help:
- Gather medical records to prove that your disability prevents you from working
- Secure written notes from your doctor or specialist
- Obtain testimony by subject matter experts, such as your own VE consultant
- Prepare you for questions from the ALJ or the VE
- Identify weaknesses in the VEs opinion
- Represent you to the ALJ in accordance with proper processing, deadlines, and decorum
It can be intimidating to speak before a judge. You could inadvertently jeopardize your appeal because you are understandably nervous or anxious. An attorney with our firm is a welcome ally for many people.
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How Long Does It Take To Get A Decision On A Disability Appeal
Applying for Social Security Disability Insurance is a long and difficult process that, from beginning to end, can take several months. Along the way you have to spend a lot of time gathering medical information and compiling all sorts of documentation. So, if youve gone through this whole process only to be denied benefits at the end of it, it can be a rather discouraging thing. You might in fact be tempted to give up.
Before you give up, though, dont forget that there is a lifeline available to you: the appeals process. The SSA acknowledges that sometimes its employees can make a mistake, and has created the appeals process as a way to challenge a decision and present evidence in your defense. Going through the disability benefits appeal process online is also difficult, though, and can take a long time.
How long does it take to appeal an SSDI decision? That answer depends on how far through the process you have to go. Thats because there are different levels of appeal, and anyone of them could result in a favorable decision.
The first stage of the appeals process is the reconsideration appeal. At this stage, you basically ask for the SSA to simply take another look at your case. No new information is submitted the only difference is that a different person takes a look at the evidence.
Reasons You Would Appeal
Sometimes, an internal appeal is the easiest and cleanest way to settle a long-term disability claim. There are some circumstances where an appeal makes sense, mostly when you know the insurer is missing substantial information about your case.
An appeal could be successful, for example, when an insurance company has made contact only with your family doctor and has not heard the beliefs and opinions of the specialist you have seen regarding your disability. Another example would be if your disability has undergone further testing or imaging, and a defined diagnosis has been produced as a result.
Even with additional medical information, appeals are most often not successful. Unless you can provide unwavering and substantial new evidence, its unlikely an insurance company will be willing to change their decision. If your appeal is unsuccessful, it can end up being a large waste of your time and resources.
If you would like to appeal your disability insurers decision, our long-term disability lawyers can help you prepare a persuasive appeal letter with all the supporting medical information we can get. Our team can help increase the chances of your appeal being approved the first time.
Can Having A Lawyer Speed Up The Claims Process
The short answer is no, having a lawyer will neither speed up nor slow down the process. Claims and appeals are handled in order of receipt, whether the veteran has legal representation or not.
That being said, however, having an experienced lawyer provide assistance in preparing a more detailed appeal can craft an appeal in a manner more likely to avoid unwarranted denials. Law firms, of course, cannot guarantee outcomes of VA disability appeals, but they do have a wealth of knowledge from thousands of cases to help veterans make their best case on appeal. In fairness, a well-documented and properly constructed appeal may take a bit longer to get to a successful result, whereas a poorly presented claim may take less time to get to an unsuccessful outcome.
Veterans Law Group has been handling veterans disability claims for the past 20 years, and our job is to acquire and assemble the information the VA needs to easily grant your appeal. We collect reports, develop strategies, and make your best arguments to the VA on appeal. Contact us today for a free evaluation of your case.
Many Factors Determine How Long It Will Take To Settle And Receive Ltd Benefits
If you have recently settled a long-term disability lawsuit, you will likely be wondering how long it takes to receive your LTD benefits. The answer is not always clear. A variety of factors determine the length of time it will take to receive your long-term disability settlement. On average, it will take between 45-105 days to receive the initial decision about your LTD claim.
However, it can take over a year to settle your LTD claim, especially without a lawyer fighting to push your case forward.
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Review Of Your Initial Claim
The review of your SSD benefits claim will involve two parts:
- Non-medical eligibility A local SSA representative will verify the information in your application and determine if your earnings record qualifies you to receive SSD benefits.
- Medical eligibility The SSA will send your case to the Disability Determination Services office. A two-person team will determine if you meet the SSAs strict definition of disability.
After the DDS team reaches it decision, it will send your claim back to the SSA office for processing. The SSA will send you either:
Notice of Award If your claim is approved.
Notice of Denial If your claim is rejected.
Some Factors That Affect The Waiting Period For You Your Ltd Benefits:
- The nature of your injury or illness
- The willingness to cooperate and the availability of your physicians
- Correspondence between your insurer and their legal counsel
- If your case goes directly to mediation or if discovery is required
- If your forms are completed thoroughly and accurately
- If you can follow the deadlines defined by your insurance company
- Your willingness to comply with requests for further information
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What Happens After You Win An Ssd Appeal
If you win an SSD appeal at any level, then you will start to receive a monthly cash benefit from the SSA. The exact amount that you receive will be based on your work history and how much you have contributed through payroll taxes. In addition, you will typically receive a lump-sum back payment, starting from the time that you filed your application plus up to 12 months retroactive to this date based on your disability onset date.
After you are deemed eligible for SSDI, you will also receive Medicare benefits 2 years after your eligibility date. Your spouse and minor or disabled children may also be entitled to SSDI benefits for dependents. If you have questions about what benefits you may receive, contact an Albany Social Security disability lawyer today to schedule a free consultation.
You Apply For Ssd Benefits
You can apply for disability benefits in three ways:
Online You can fill out forms available at the SSA website.
You can apply by phone and follow it up by mailing in your documentation or taking to your nearest SSA office. The number to call is 1-800-772-1213 or 1-800-325-0778 . The number is available between 7 a.m. to 7 p.m. on business days. The interview should take about one hour.
What Is The Social Security Disability Reconsideration
When applying for Social Security disability benefits, do not be surprised if your initial application is denied. According to data from the Social Security Administration , close to 70 percent of initial disability applications are denied. As you can see, if your disability benefits application is denied, you are not alone. The key is to not give up hope and press forward by filing an appeal of the denial. The first step of the appeal process is to request reconsideration.
Cutting Through The Backlog
Wait times differ across the country, but you should expect to wait at least six months. According to the SSA, the shortest wait times for 2021 are in:
- Akron, OH: 6.5 months
- Evansville, IL: 6.5 months
- Elkins Park, PA: 7 months
- Houston, TX: 7.5 months
In certain parts of the US, wait times can be as high as a year or more. Tacoma, Washington, for example, has a current claim-processing time of 497 days. For many people, waiting more than a year to have their application heard can be devastating. In an interview with WIVB, Ohio resident Kathy Nobilio said she was lucky her bank understood that she had been waiting for more than a year for payments.
is just sitting therenothing has been done, Nobilio told the news source. Im afraid Im going to lose my house. The bank has been very patient.
Some people may think they could receive benefits faster if they apply for Supplemental Security Income , but the Ohio Bar says the laws governing who medically qualify are the same for both programs. According to the Federal Times, the issue may worsen as the number of SSA employees continues to decline.
Given the expectation of leaner future budgets, SSA needs to plan to meet its mission with fewer resources, the Office of the Inspector General said, according to the Fiscal Times.
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Witnesses At Your Disability Hearing
You are allowed to have witnesses testify for your disabling condition at your hearing. These witnesses generally include family members, employers, caretakers, doctors, and medical specialist. Final case decisions are typically based on medical documentation and doctor recommendations so it is best to choose individuals who are most familiar with your condition.
You should bring no more than 2-3 witnesses if you feel they can help your case and have knowledge about the limitations caused by your condition. Too many witnesses can overwhelm the ALJ and may lead to evidence being repeated.
It is extremely important your witnesses are knowledgeable about your condition. The witnesses will not be present when the ALJ first questions you and if your witness says something different or contradictory to what you said, it may negatively affect your chances for approval. Although it is unusual for your main treating doctor to show up as a witness, its definitely possible and can significantly improve your chances. The law gives your main treating doctor controlling weight or the most influence over the final decision to award you benefits. Otherwise if your doctor cant show up, have him or her write a recommendation stating that your condition prevents you from achieving SGA and then ask a physician, medical specialist, and/or caretaker who has first hand experience with your condition to be a witness at your hearing.
How Long Will Your Disability Appeal Take
If the SSA denies your application for benefits, you can appeal it. However, your window for disability appeals is open for only sixty days from the date of denial. The law presumes that a denial letter reaches the applicant five days after the SSA sends it. It is from this expected date of delivery that your 60-day limit starts counting.
It is only on rare exceptions that you can get a hearing for your appeal if you miss this deadline. The appeals processs first step is to file a Request for Reconsideration with the Disability Determination Bureau . At this point, they will assign your case to a different examiner for further evaluation.
This new adjudicator may yet turn down your application or approve you for disability benefits. It will take about two to three months to get a decision from this examiner. If you receive another denial, which is possible, you can file a request for a disability hearing before an administrative law judge .
It can take several months before you can get the opportunity to present your case before the ALJ. This stage of disability appeals allows you to make your case personally. It would be best if you engage a Wisconsin disability lawyer to represent you through this process.
The ALJ will consider medical evidence relevant to your case and interview witnesses to make a decision. The judge may also call an expert medical witness to give an opinion on your disability. The judge will ask you some questions to get a feel of your case.
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How Does The Social Security Appeals Council Work
The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was supported and in accordance with social security law and regulations. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge
Disability Benefits | Appeal A Decision If we recently denied your Social Security benefits or Supplemental Security Income , you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal:
The service provides detailed information about disability and Supplemental Security Income appeals filed either online at www.ssa.gov or with a Social Security employee. To check the status of your appeal, create or log in to your personal my Social Security account. 2. HEARING
How Long Does The Process Of A Va Disability Appeal Take
We will be honest here VA disability appeals sometimes take years to complete. Unsuccessful appeals take less time to process because they are often denied for technical, fixable reasons. Successful appeals are those that are carefully planned and meticulously documented, and they do tend to take longer to reach a successful conclusion.
After the filing of an NOD, a veterans VA disability claim moves to the VA regional offices appeals section, and will now be handled by a .
According to VA statistics, the wait time from the filing of an NOD to receiving a DRO decision is 12-18 months.
These statistics, however, understate the wait time for many claims. If we are talking about poorly-represented claims, which DROs routinely deny, then yes, 9 months is a good estimate of the wait time. However, claims which are properly developed and prosecuted have a much better chance of success and also may take much longer. Properly developed and prosecuted, means:
- Obtaining the veterans VAMC treatment medical records, private treatment medical records, and in-service medical records
- Obtaining the veterans military personnel file
- Obtaining private one-time medical examination opinions to prove service-connection or to obtain a higher level of disability
- Submitting written legal memoranda in cases involving complicated legal issues
- Requesting a formal hearing with the DRO or an informal teleconference with them to go over the important factual and legal issues
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