How Long Does SSDI Reconsideration Appeal Take?

How Long Does SSDI Reconsideration Appeal Take?

Many applications for Social Security disability benefits are initially denied for various reasons; however, many people get approval after filing an appeal against the denial. It is known as a Reconsideration Appeal. A qualified social security lawyer in Sacramento can help you with the appeals process. In Reconsideration, the office will review the application a second time, along with additional information you submit, to see if you are eligible or not. There are four stages of filing a reconsideration appeal.

Here are the Stages:

1. File an Appeal

If you are denied benefits at the initial level, filing an appeal within 60 days of the date on the denial notice can help you. You must fill out a particular form called a Request for Reconsideration.

The Disability Determination Services (DDS) will review your application to check the information in your initial denial notice, such as your right to request reconsideration and details about your medical condition.

2. ALJ Hearing

If you are denied at the reconsideration phase, you must file a request for an ALJ hearing to appeal within 60 days of receiving your reconsideration denial letter. They mostly handle upholding or challenging judgments that reject or end disability benefits.
ALJs approve 50% of letters that reach them. You statistically have a 50% probability of succeeding in your disability appeal at an ALJ hearing. However, present real documents and take guidance from an expert to ensure you get benefits. These sessions last for 30 to 45 minutes, including your testimony.

3. Appeals Council

You are entitled to file an appeal with the Social Security Appeals Council if you receive rejection at the ALJ hearing stage. When judges commit mistakes, the Appeals Council has the authority to "remand" or send cases back to them after reviewing their rulings.

In a limited percentage of situations, it also overturns judgments. The Appeals Council's ruling can take up to a year to arrive.

You can appeal to Federal Court if your claim is still rejected at this point. After receiving the notice of the Appeals Council's decision, you have 60 days to file a lawsuit in U.S. District Court. The U.S. District Court will review the evidence and the final Agency decision.

4. Expert Help

Going to federal court may not work for you, even though you have a fair chance of succeeding on appeal after doing so. Suing the SSA costs money and takes time. It can take years to get to that stage of the appeals procedure, even if you win.

Filing a claim and handling rejections is a complex and time-consuming process. You should hire an SSI lawyer in Sacramento for the best solution. Experts know the ins and outs of the legal process and can suggest you the best way forward.

An official decision should be mailed to you within 30 to 90 days of the hearing.

Conclusion

People who pursue their appeals and have assistance from an advocate have a substantially higher chance of approval. Ensure hiring an experienced and reliable professional. If you get approval, you will receive a "Notice of Award" outlining your financial award. It would include monthly benefit payments, and any back benefits are included in this.