Social Security Disability Denial? Here’s What to Do Next
Do you have a Social Security Disability denial and you aren’t sure what to do with it?
My name is Kaitlin Wildoner, and I’m an attorney who helps disabled clients obtain their disability benefits as quickly as possible so they can focus on getting better. Today we’re going to talk about the Social Security Disability application and appeals timeline.
Step 1: Submit Your Initial Application
First, you want to submit your initial Social Security Disability application to the Social Security Administration. This can be done:
- Online
- Over the phone
- In person at your local Social Security office
After receiving your application, the Social Security Administration will review your application, help to gather medical and non-medical evidence, and make an initial decision on your eligibility for benefits. This decision typically takes four to eight months, though we are seeing that timeline take a bit longer right now.
Step 2: Reconsideration (If Denied)
If your initial application is denied, you can request a reconsideration within 60 days of receiving the denial letter.
The Social Security Administration will conduct a review by different personnel who were not involved in the initial decision. This stage also will generally take four to eight months, but similar to the application stage, we’re seeing a delay in these decisions right now as well.
Step 3: Administrative Law Judge (ALJ) Hearing
If your claim is denied at the reconsideration stage, you can request a hearing before an Administrative Law Judge (ALJ) within 60 days.
The hearing allows you to:
- Present your case
- Provide additional evidence supporting your claim
The wait time for a hearing can vary, but is often at least six months to a year or longer.
Once your hearing is scheduled, you will attend the scheduled hearing, present your case, and answer questions from the Administrative Law Judge. After the hearing, the ALJ will issue a written decision. This stage can take several months to receive a decision.
Step 4: Appeals Council Review (If Denied Again)
If the Administrative Law Judge denies your claim for benefits, you can request a review by the Social Security Appeals Council, again within 60 days.
The Appeals Council will:
- Review your case, including the ALJ’s decision
- Determine whether to grant or deny your request for review
The time frame for a decision from the Appeals Council can vary but typically takes several months to a year or more.
Step 5: Federal Court Review
If your claim is denied by the Appeals Council, you may choose to file a lawsuit in federal court within 60 days.
The court will:
- Review your case
- Make a legal determination
The length of this stage can vary widely.
Final Thoughts: The Full Timeline
Overall, the timeline for the Social Security Disability application and appeals process can be lengthy, often taking at least several months to several years to complete.
It’s important to be patient and to diligently follow the deadlines for each stage of the process.
Seeking assistance from professionals familiar with the Social Security Disability application and appeals process—such as disability attorneys—can help provide guidance and support throughout the journey.
Thanks so much for watching!
If you’re disabled and unable to work, we’re here to help. Click this scheduling link or call us directly to schedule a free consultation where we’ll discuss your case and see how we can help you.
Additional Information
Initial Application
How to Start the #SSDI or #SSI Application Process
Step-by-Step Guide to Navigating the Social Security Disability Process | Beacon Disability
Tips for Submitting a Successful Social Security Disability Claim | Beacon Disability
How to Build a Strong Social Security Disability Case from the Start | Beacon Disability
Three Things to Do While Waiting for Your Initial SSDI Decision | Beacon Disability
What if My SSDI Application is Denied? | Beacon Disability
What NOT to Do While Waiting for Your Initial SSDI Decision | Beacon Disability