how lomg does an ssi appeal take with attorney

How long does it take to get a SSI decision?

Jul 03, 2017 · The SSA requires you to file your appeal within 60 days of receiving a denial letter, or you may lose your right to appeal. Furthermore, every day you wait to file, other appeals enter the queue ahead of yours. You have no way of knowing the volume of appeals the SSA office is receiving at any given time.

How long does it take to hear from SSI?

Many SSDI applicants wonder if their lawyer is really doing anything for their case, but most likely they are waiting (just like you) and for large stretches of time there is not much they can do. If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them.

How long can person stay on SSDI?

Initial claims, or disability applications are generally quoted as requiring 90-120 days in order for Social Security to reach a decision. Reconsiderations often take considerably less time than this and it is not unusual for a reconsideration appeal decision to be made within 30 days.

How long for SSI check to arrive?

First, disability cases do not have deadlines. That being said, the Social Security district office will often say that it may take 90-120 days to process an initial application. In Pensacola, Florida, Requests for Reconsideration (the first appeal) typically take 30-120 days to process.

What are the chances of winning social security appeal?

Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

How long does the reconsideration process take for SSI?

between three to five monthsOn average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

How long does it take to get a decision after an ALJ hearing?

While it primarily depends on the amount of work and other hearings that the ALJ and their staff must manage, individuals generally receive a written decision in about 60 days. However, some decisions take anywhere from two months to six months to receive.Nov 5, 2020

How long does it take for a reconsideration decision?

A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).

What happens if your reconsideration is denied?

If you are denied at the reconsideration, you can ask the SSA for a hearing with an administrative law judge (ALJ). ... The SSA also might ask for more evidence and clarification of previously submitted evidence. Make sure to submit any new evidence you want considered in the decision as early as possible.

What happens after an ALJ makes a decision?

Once the administrative law judge has made his or her decision, the decision is actually written by staff decision writers at the hearing office and then reviewed by the judge. When the judge is ready to issue the decision, your disability file may be sent to the Social Security office from where it originated.

Why is my ALJ decision taking so long?

If the ALJ fails to properly meet their burden of explaining how they arrived at their determination then their decision is vulnerable to review by the Appeals Council. This decision writing process can delay the decision for multiple months.Jul 8, 2016

How long will it take the decision writers for SSD?

It takes about 18 to 24 months to receive a decision from the Appeals Council.Oct 19, 2020

What is a hearing hearing?

A hearing gives us the chance to plead your case face-to-face with a judge and defend the evidence we gather on your behalf. This greatly improves your chance of having your denial reversed. The wait for a disability hearing is, unfortunately, much longer than for a reconsideration appeal.

What is the first stage of disability appeal?

The first stage is a reconsideration appeal. This is what you file upon receiving a denial from the SSA in their initial disability decision. Your reconsideration appeal mirrors your initial application. The paperwork is largely the same and it ends up in the same office at the SSA for consideration. A different person who did not view your initial application will review your reconsideration appeal.

How to file for disability in California?

What can the Disability lawyer do? 1 Review your medical records and get more information if they feel that your current medical documentation is not sufficient to prove you cannot perform substantial gainful activity. 2 Send additional information to the administrative law judge prior to the hearing. 3 Prepare arguments that for the disability hearing. 4 Challenge the job expert at the hearing if they argue you can perform different types of work. 5 Prepare a brief for the administrative law judge outlining the case.

How to prepare for a disability hearing?

Prepare arguments that for the disability hearing. Challenge the job expert at the hearing if they argue you can perform different types of work. Prepare a brief for the administrative law judge outlining the case.

Can a disability lawyer speed up SSDI?

Before your appeal your SSDI application review the process and make sure you have realistic expectations about what a disability lawyer can and cannot do to speed up your SSDI case.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

First, disability cases do not have deadlines

That being said, the Social Security district office will often say that it may take 90-120 days to process an initial application. In Pensacola, Florida, Requests for Reconsideration (the first appeal) typically take 30-120 days to process.

Second, all cases are different

A claimant’s impairments and medical evidence are unique. Some conditions are easy to classify as disabling, while others take longer.

Third, it depends on who is reviewing your case

Sometimes a case is assigned to a DDS claims examiner or Administrative Law Judge who takes longer to process claims than others. Your claim may be assigned to a claims examiner or ALJ who has three hundred cases to process, or your claim could be assigned to an examiner or judge who only has seventy-five claims to process.

Fourth, most states require that claimants who want to appeal must first file a Request for Reconsideration with the state disability determination agency before having a hearing before an Administrative Law Judge

You must file a Request for Recon in Florida, but you can skip the Reconsideration stage in Alabama.

What are the levels of appeal?

The levels of appeal are: Reconsideration; Hearing; Appeals Council Review; and. Federal Court.

How long does it take to appeal SSI?

The notice will tell you how to appeal. If you file an appeal within 10 days of the date you receive your notice, your SSI benefits may continue at the same amount until we make a determination on your appeal. The notice will tell you if you are entitled to continued benefits.

Can you appeal SSI?

You can appeal most determinations and decisions we make about whether you can get Supplemental Security Income (SSI) or if we make changes to your benefit amount. That means you can ask us to look at your case again.

What happens if you don't attend a hearing?

If you do not attend the scheduled hearing, you may lose your appeal rights and benefits. We may pay you for travel costs if the distance to the hearing from your home is more than 75 miles one way. If you need money for reasonable and necessary travel costs, tell the judge as soon as possible before the hearing.

How long does it take to get a hearing decision?

We consider that you receive the hearing decision 5 days after the date on the hearing decision. The Appeals Council will examine your case and will grant, deny, or dismiss your request for review.

What to do if the appeals council denies your request for review of a judge's decision?

If the Appeals Council issues a decision or denies your request for review of a judge’s decision, and you disagree with the action of the Appeals Council, you may file a civil action with the U.S. District Court in your area. We cannot help you file a court action. You may want to contact a lawyer or a legal aid group to help you.

How long does it take to file an appeal in the US?

You must file an action in U.S. District Court within 60 days after you receive the notice of Appeals Council action. We consider that you receive notice of the Appeals Council action 5 days after the date on the notice. The U.S. District Court will review the evidence and the final Agency decision.

How long does it take to get a disability hearing?

First, you have 60 days after receiving a denial to request a reconsideration of the decision. Once you make the request, it takes a claims examiner about 100 days to approve ...

How long does it take to get a hearing in Texas?

Then, depending on your location, you will wait anywhere from 10 months (Texas) to 13 months (Florida) to 16 months (California) for a hearing date.