Lawyer

How Long Does It Take For Disability To Be Approved?

2 Mins read

Most people already know before they begin the process that it takes time for the Social Security Administration to process initial disability benefit claims. That still leaves them asking for a more precise disability approval timeline.

Knowing the factors that contribute to SSA processing time helps to estimate how long it takes. Here is the information that anyone applying for Social Security Disability Insurance or Supplemental Security Income benefits needs to understand approval times.

Initial disability review process

An application for SSDI or SSI undergoes an evaluation to determine whether a person meets the non-medical and medical requirements. The initial non-medical review takes place at a local Social Security Administration field office.

The non-medical review for SSDI focuses on the applicant’s work history at jobs or self-employment and payment of Social Security taxes on the income. SSI benefit applications also undergo a non-medical review that considers income and resource limitations, among other requirements.

SSDI and SSI applications that pass the non-medical review are sent to the Disability Determination Services office for further review to determine whether the applicant meets the SSA definition of disability. Although funded by the federal government, states oversee the operation of DDS offices.

The DDS submits each claim for disability benefits to a five-step sequential evaluation process composed of the following:

  • Step 1 – Work Activity: If a person currently works, are they doing substantial gainful activity?
  • Step 2 – Medical Severity: Is a person’s medical condition severe enough to be expected to last for at least 12 months?
  • Step 3 – Listing of Impairments: Does the medical condition meet or medically equal an impairment in the SSA’s listing of impairments?
  • Step 4 – Past work: Does a person have the ability to do past relevant work?
  • Step 5 – Adjust to other work: Does the person have the capacity to adjust to doing other work?

At the conclusion of the initial disability evaluation process, claimants receive written notice of the SSA’s decision.

Timeline for completion of initial disability review

It generally takes about six to eight months for the SSA to complete its review of a disability benefits application. Delays in processing could extend the time to complete the review. Common reasons for a delay before you receive notice of a decision may include:

  • Nature of the disability.
  • Whether or not your healthcare providers comply with requests from the SSA for your medical records.
  • Whether the claims examiner requests a medical examination to complete the review.

When you work with an attorney for disability benefits, they typically monitor the progress of the claim to be aware of delays, such as those caused by medical providers who do not respond to SSA requests for records. A call to a hospital or doctor’s office by your disability lawyer may avoid or shorten processing delays.

How the appeals process affects approval time

Only one-third of applicants have their claims approved at the conclusion of the initial review process. An appeals process lets you challenge a denial through the following four levels or steps:

  • Reconsideration
  • Hearing with an administrative law judge
  • Appeals Council review
  • Federal court review

You can stop at any level of the appeals process that results in an outcome favorable to you, but levels may not be skipped by jumping ahead. For example, the process starts at the reconsideration level. You cannot skip reconsideration and request a disability hearing.

The following are the estimated times it takes for a decision at each level of the appeals process:

  • Reconsideration: Six to eight weeks.
  • Disability Hearing: Nine to 12 months.
  • Appeals Council: Twenty-four to 36 months.

Federal court review requires the filing of a civil lawsuit, so seek disability lawyer help and an estimate about how long it takes.

Consult with an attorney or disability claim advocate

Having representation to assist you with the process can avoid delays. A consultation with an attorney or disability claim advocate can provide information about how long it takes to approve a disability claim.