The appeal process for Social Security disability can take anywhere from months to years depending on the level of appeal.

When Can You Appeal A Social Security Disability Decision?

When someone applies for Social Security disability benefits, they may find that their application is denied due to any number of reasons. The Social Security Administration may cite medical reasons or other justification when denying a claim.

In some cases, however, applicants may feel that their application was wrongfully denied. In these cases, they may want to look towards the SSA appeal process.

Why Are Social Security Disability Applications Denied?

A variety of factors can lead to a denied Social Security disability claim. Applicants may not be eligible under the terms of Social Security disability, they may have failed to provide critical information, or some aspect of their application was deemed insufficient.

The Trump Administration is reportedly considering a proposal that would make Social Security disability denials more common. According to the Wall Street Journal, the proposal from the Social Security Administration would change eligibility requirements to address the changes in the economy and demographics.

“Evidence shows that in the modern economy the vocational impacts of age, education and work experience are markedly different from what they were when we published the current vocational regulations,” the proposal states.

Relevant changes reportedly include the increasing lifespan of Americans, higher education rates, fewer manual labor jobs, new technologies, and more. These changes reportedly make for a different understanding of what kind of work a person with a disability can do.

These changes, while reasonable on paper, have been criticized as limiting the resources available to protect Americans. Kathleen Romig of the Center on Budget and Policy Priorities has criticized these and other changes, saying that they are “chipping away” at critical programs.

“The sum total of it just makes it more difficult for people to meet their needs when they fall on hard times—really basic needs like housing, food, health care and income,” Romig said, according to the Wall Street Journal.

The proposal is just that – a proposal. It has not been adopted by the Social Security Administration and has not gone through the formal rule-making process. However, if the proposal is adopted by the administration, people may find themselves appealing Social Security disability denials more frequently.

What Is the Appeal Process for Social Security Disability?

A reconsideration appeal is lodged when an applicant wants to have their initial disability decision reconsidered. These appeals involve reviewing an initial decision with another disability examiner. However, reconsideration appeals are only approved 11 to 15 percent of the time.

If a reconsideration appeal is denied, applicants can request a hearing overseen by a judge that specializes in administrative laws. During this hearing, a judge will hear the facts of the case and make a decision.

Should applicants have their disability determination denied during a hearing, they request that the Appeals Council look over this case. The council can uphold a hearing decision, make a decision on a case, or send the appeal back to a hearing for further review.

If, after all of these levels of review, an applicant is still unhappy with the decision, they can file a civil suit in federal district court. According to the Social Security Administration (SSA), this option is not currently available.

If applicants are stressed or overwhelmed by the Social Security disability appeals process, they can seek the help of a qualified lawyer. Some attorneys specialize in disability appeals and can help gather evidence and successfully argue for a disability decision appeal. Especially in the later stages of an appeal, which involve hearings in court, the help of a qualified disability attorney can be extremely valuable.

How Long Is the Appeal Process for Social Security Disability?

The length of the Social Security Disability appeals process will depend on the type of appeal. A reconsideration appeal will usually not take very long, only around 30 days (although actual times may vary).

If an applicant eventually needs to request a hearing before a judge, they may be waiting as long as a couple of years. There are huge backlogs around the country for Social Security disability hearing requests. It can take a long time for an applicant’s request to be filled.

After an applicant successfully gets a hearing, it can take time for them to receive written notification. People are reportedly told that they may receive a written notification anywhere between 45 and 90 days after a hearing, but it may actually take several months.

The later appeal options can also take a significant amount of time. Civil lawsuits filed in federal court take time to litigate, and sometimes years can pass before a decision is reached. Exact appeal times will vary case by case.

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This article is not legal advice. It is presented
for informational purposes only.