The timeline for processing a Social Security Disability claim can vary drastically. According to the Social Security Administration, as of March 2024, it typically takes six to eight months to receive a decision on an initial claim. If you have to appeal a decision, the process can drag on far longer.
On this page, the knowledgeable attorneys at Rob Levine Law break down the Social Security Disability claim process into four phases, explaining how each step affects the overall timeline. If you need help applying for benefits or appealing a denial, our experienced team can help you aggressively pursue the results you deserve.
Phase 1: Initial Application and Evaluation - 6 to 12 Months
You can submit your initial Social Security Disability benefits application by mail, over the phone, online, or in person at a local Social Security Office. You must provide a wide range of personal and medical information when filling out an application, so having an experienced attorney to guide you through the process can be very helpful.
Once the SSA receives your application, it will refer your claim to a state Disability Determination Services agency, or DDS, for evaluation. The SSA might schedule a Consultative Examination if it needs more information to determine your eligibility. Its default preference is to use your own doctor to perform any necessary tests, but you can also choose an independent examiner in certain circumstances.
Historically, roughly 60% to 70% of initial applications are denied. However, an initial denial is not necessarily the end of your disability benefits claim, but you may need to pursue a lengthy series of appeals to get the results you need.
Phase 2: Reconsideration - 4 to 8 Months
You have 60 days from the date of denial of your initial application to file a Request for Reconsideration, which is the first mandatory level of appeal in most states. During reconsideration, the same DDS agency will have a different examiner repeat the evaluation process and determine whether your claim should have been approved.
Only roughly 10% to 15% of claim denials are overturned through reconsideration, so most cases must proceed to the next stage of the appeal process. However, some local agencies automatically send claim appeals to Phase 3, skipping reconsideration entirely.
Phase 3: Hearing Before an Administrative Law Judge - 9 to 18+ Months
Within 60 days of receiving a second denial through reconsideration, you can request a hearing before an Administrative Law Judge, or ALJ. The hearing stage is the most critical phase of the appeals process and is often where claimants find the most success.
While you may have to wait for some time before your hearing is scheduled, once it’s on the calendar, the SSA will send you a notice at least 75 days in advance. The hearing will give you the chance to testify in person about your injuries and answer the judge’s specific questions about your case. After the ALJ has reviewed the evidence, they will send a written decision on your claim.
Phase 4: Appeals Council Review - 6 to 12+ Months
If you disagree with the ALJ’s decision after your hearing, you will once again have 60 days to file an appeal. This time, you can request a review with the SSA’s Appeals Council. If the council agrees to take up your case, they can look at every aspect of the ruling and determine whether your case was decided incorrectly.
However, this is the final stage before you exhaust all administrative appeals. If the Appeals Council either denies your request or sides against you after reviewing the decision, your only remaining option is to file a lawsuit in federal court.
Let Rob Levine Law Accompany You On This Journey
While the Social Security Disability claim timeline can be lengthy and complex, having the right lawyer on your side can ease your stress and raise your chances of getting the results you deserve. If your claim is approved at any phase of the process, you will not only start receiving your monthly payments, but you will also receive retroactive benefits. Therefore, it is essential to begin your initial application as soon as possible.
Over more than 25 years of legal practice, Rob Levine Law has helped more than 50,000 people like you recover over $2 billion in disability benefits and injury compensation. We’re ready to put our experience and tireless advocacy to work for you, with no upfront fees or risks attached.
Contact us online or call (888) 791-9135 today for a free consultation.
