How Long Does a Disability Appeal Take with a Lawyer?

March 6, 2025

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be a long and uncertain process. If your claim is denied, you have the right to appeal the decision, but many applicants wonder: How long does a disability appeal take with a lawyer?

The timeline for a disability appeal varies depending on several factors, including the stage of appeal, the complexity of the case, and Social Security Administration (SSA) processing times. With legal representation from a seasoned disability lawyer, it is usually possible to expedite the appeal process. 

The SSDI and SSI Appeals Process

If your disability claim is denied, you can appeal through four levels of review:

1. Reconsideration – A complete review of your claim by a new SSA examiner.
2. Hearing Before an Administrative Law Judge (ALJ) – A formal hearing where you present evidence before a judge.
3. Appeals Council Review – A higher-level SSA review that evaluates the ALJ’s decision.
4. Federal Court Appeal – A lawsuit against the SSA in federal court if all other appeals fail.

The time it takes to resolve your social security disability appeal depends on which stage your case reaches.

How Long Does Each Stage of the Appeal Take?

Reconsideration Stage

• Time Frame: Typically, 3 to 6 months
• Process:
  • A new SSA claims examiner will review your case and any additional evidence submitted.
  • The examiner checks for errors in the initial denial and determines whether you qualify for benefits.
  • Most reconsideration cases are denied, leading to the next step—a hearing before an ALJ.

How a Lawyer Can Help:

• Identify weaknesses in your initial application and provide stronger medical evidence.
• Work with doctors and medical experts to strengthen your case.
• Ensure that all deadlines are met to prevent unnecessary delays.

Hearing Before an Administrative Law Judge (ALJ)

• Time Frame: 12 to 24 months (varies by state)
• Process:
  • If reconsideration is denied, you can request a hearing before an ALJ.
  • The judge will review medical records, expert testimony, and legal arguments before making a decision.
  • A vocational expert may be present to testify about whether you can perform any work.
  • A lawyer can present compelling evidence and argue your case before the judge.

How a Lawyer Can Help:

• Prepare you for questioning by the ALJ.
• Obtain additional medical evidence to strengthen your claim.
• Cross-examine vocational experts to challenge claims that you can work.
• Submit a pre-hearing legal brief summarizing your case to the judge.

Appeals Council Review 

• Time Frame: 6 to 12 months
• Process:
  • If the ALJ denies your claim, you can request a review by the Social Security Appeals Council.
  • The council does not hold another hearing but instead reviews whether the ALJ made legal or factual errors.
  • If the Appeals Council finds an error, it can approve the claim or send it back for another ALJ hearing.

How a Lawyer Can Help:

• Identify legal errors made by the ALJ and submit a compelling appeal.
• Ensure that all procedural deadlines are met.
• Argue for a direct approval instead of a remand to another ALJ hearing.

Federal Court Appeal

• Time Frame: 12 to 24 months
• Process:
  • If the Appeals Council denies your case, your last option is to file a lawsuit in federal court.
  • A federal judge (not SSA) reviews the case to determine if SSA violated laws in denying your claim.
  • If successful, the judge may order a new ALJ hearing or direct an approval.

How a Lawyer Can Help:

• File a federal lawsuit and argue why the SSA’s decision was legally incorrect.
• Work with medical and vocational experts to provide strong testimony.
• Ensure the court follows due process and protects your rights.

What Factors Affect the Length of a Disability Appeal?

Several factors can impact how long your disability appeal takes:

• SSA Workload: Some SSA offices have a backlog of cases, leading to longer wait times.
• Hearing Availability: Some states have longer ALJ hearing wait times than others.
• Complexity of the Case: If your case requires additional medical evaluations, it may take longer.
• Errors in Filing: Mistakes in paperwork can cause delays or denials.

Can a Lawyer Speed Up the Disability Appeal Process?

An experienced disability lawyer can help reduce delays and improve your chances of success in social security disability claims and appeals. Here’s how:

• Ensure Accurate and Complete Documentation – Lawyers make sure your medical records, work history, and legal arguments are complete before submitting appeals.
• Request an On-the-Record (OTR) Decision – If your case is strong, your lawyer can request a decision without a hearing, potentially saving months or years of time.
• Push for Expedited Processing – In cases of terminal illness, financial hardship, or dire need, a lawyer can request priority processing.
• Prepare a Stronger Case for Each Stage – Skilled lawyers know how to counter SSA denials effectively and build stronger appeals for full disability benefits.

Bottom Line: How Long Will Your Disability Appeal Take?

The length of a disability appeal with a lawyer depends on the stage of appeal:

• Reconsideration: 3 to 6 months
• ALJ Hearing: 12 to 24 months
• Appeals Council: 6 to 12 months
• Federal Court: 12 to 24 months

In total, a disability appeal can take anywhere from a few months to several years, depending on how far your case progresses.

Steps Our Disability Lawyers Will Take to Help Expedite Your Disability Appeal Process

A denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim can be frustrating, especially when you need financial support as soon as possible. While the disability appeal process can take months or even years, our experienced attorneys at Pisegna and Zimmerman, LLC can take strategic steps to expedite your case.

File a Strong and Complete Appeal on Time

• Ensuring your Request for Reconsideration or Hearing is submitted within 60 days of the denial to prevent unnecessary delays.
• Reviewing the SSA’s denial letter to identify weaknesses in your initial application.
• Collecting and submitting all necessary paperwork accurately to avoid errors that could slow down the process.

Gather Additional and Updated Medical Evidence

• Work with your doctors and medical specialists to obtain up-to-date medical records, imaging tests, and treatment notes.
• Request detailed medical statements from physicians that clearly describe your disability and how it affects your ability to work.
• Ensure the SSA has all the necessary functional capacity evaluations, test results, and reports to make a faster decision.

Request an On-the-Record (OTR) Decision

• If your case is strong, filing a special request for an OTR decision, which allows an Administrative Law Judge (ALJ) to approve your claim without requiring a hearing.
• Presenting clear, compelling medical and vocational evidence to justify an OTR decision.
• Saving months or even years by avoiding the long ALJ hearing wait time.

File a Dire Need Request for Faster Processing

• If you are experiencing severe financial hardship, such as being unable to pay rent, afford medication, or obtain medical treatment, requesting an expedited review under dire need criteria.
• Submitting documentation proving your urgent need for financial assistance.
• Working with SSA representatives to prioritize your appeal due to extreme circumstances.

Request a Compassionate Allowance or Terminal Illness (TERI) Expedited Processing

• Identifying whether your disability qualifies for Compassionate Allowances (CAL), which can significantly shorten wait times.
• If you have a terminal illness, requesting TERI expedited processing for your appeal.
• Ensuring that medical evidence supports these requests for faster case resolution.

Communicate Directly with SSA and Follow Up Regularly

• Reaching out to SSA offices and disability examiners directly to check on the status of your case and push for quicker action.
• Addressing any missing information requests or delays immediately.
• Keeping open lines of communication with the SSA to ensure your case remains active.

Prepare for the Administrative Law Judge (ALJ) Hearing Efficiently

• If a hearing is necessary, we ensure all medical and vocational evidence is ready well in advance.
• Preparing you for ALJ questioning, including how to effectively explain your condition and work limitations.
• Submitting a pre-hearing legal brief to the judge, outlining key reasons why your claim should be approved, potentially leading to a faster decision.

Challenge SSA Delays and Requesting Escalation

• If your appeal is taking longer than expected, formally requesting escalation of your case.
• Filing appeals to higher SSA officials if unreasonable delays occur.
• Taking legal action if necessary to ensure the SSA is processing your claim within a reasonable time frame.

File a Federal Lawsuit if Needed

• If all appeals are denied and your case qualifies for federal court review, filing a federal lawsuit.
• Ensuring legal arguments focus on SSA errors, which could lead to a reversal or remand.
• Handling all legal complexities so you do not have to navigate the federal appeals process alone.

Why Choose Pisegna and Zimmerman, LLC for Your Disability Appeal?

• Experienced Disability Lawyers: Years of experience handling SSDI and SSI appeals.
• A Proven Track Record: Successfully helping clients win benefits faster.
• Personalized Representation: Every case receives dedicated, one-on-one attention.

The disability appeal process can take time, but you don’t have to go through it alone. Let our dedicated disability attorneys at Pisegna and Zimmerman, LLC fight to expedite your case and get you the benefits you need as quickly as possible. To schedule your free consultation, call us at (818) 377-2200 or contact us online.