How long will a social security disability claim take?

Stansberry Kinsley, is committed to helping you weather the storms and the doldrums of this frustrating process. We can’t speed up the government, but we will do everything possible on our end to shrink the timeline. We make sure that your initial claim is properly documented for the best chance of success. We will promptly appeal denied claims and vigorously represent you at any stage of the hearings and appeals process.

We Are Here for the Long Haul

Stansberry Kinsley handles Social Security Disability and Supplemental Security Income claims.

The following time frames are averages of thousands of claims and include all categories of physical impairment and mental disability claims. Your specific case could take more time or hopefully be processed faster.

Initial application: After your claim is submitted to the Social Security Administration (on paper, online or by phone), it typically takes three to five months to get a decision. We help file the initial application to maximize our clients’ odds of approval.

If your claim is denied, the good news is that Alabama is a “prototype” state that has eliminated the Reconsideration step. (Few claims are approved and it adds many months.) You can directly appeal a rejected claim to the SSA for a hearing before an administrative law judge (ALJ).

The hearing: You have 60 days from the date your claim is denied to request an ALJ hearing. The SSA and the Alabama Offices of Disability Adjudication and Review (ODARs) are trying to reduce the backlog of cases, but are making slow progress. Alabama is in Region IV, where the average wait time to get a hearing is 421 days. After your hearing, the average wait time to a decision is 77 days.

When you add it all up, you may be 1 1/2 to 2 years into the process before you get a hearing and a ruling. However, this stage is your best opportunity, statistically speaking, to win your case. Our attorneys pour great energy into your hearings and appeals to secure the benefits you need and deserve.

Appeals Council: You will have another 60 days to appeal an adverse ALJ ruling to the SSA’s Appeals Council. The current wait time to get your case before the council and to receive a decision is about nine months (281 days). About one-fourth of cases are overturned in favor of the applicant or remanded for another hearing. If your case is sent back to the ALJ judge, it may take another 6 to 18 months to get a new hearing.

Federal court: After exhausting your appeals through the Social Security Administration, you can appeal an adverse finding to federal court. Our skilled trial lawyers are adept at laying the groundwork in the initial application, in ALJ hearings and in Appeals Council briefs for court appeals. You would be several years into the process by this point. However, if your claim is upheld by a federal judge, you may be entitled to significant back benefits.

Our focus is putting you into the best possible position for success at each stage of the claims and appeals process. We also provide compassionate support and direct clients to resources to help them make ends meet while they are mired in the SSD/SSI process.

We offer a free consultation, and we take no attorney fees unless we win your hearing or appeal.

Related practice pages: Social Security Disability Insurance (SSDI) · Supplemental Security Income (SSI).