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How Long Does an Appeal Take for Disability?

Published by Brenda Ramirez

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Embarking on the journey to secure disability benefits can be challenging, especially when faced with initial denials. If you’ve found yourself among the 65 percent of applicants who face this setback, the road to appeal becomes a crucial part of the process. Ever wondered about the time it takes to navigate through a disability appeal? Let’s explore the timeline and how having a disability lawyer by your side can make a significant difference.

The Importance of a Disability Lawyer

Filing for disability benefits is no easy feat, and the appeal process can be just as demanding. Although a disability lawyer can’t magically speed up the timeline, their expertise can strengthen your appeal. Addressing potential weaknesses and foreseeing concerns from the Social Security Administration (SSA), they work diligently to help you avoid delays or another denial, striving for a resolution in a more timely manner.

Social Security Disability Form

The Social Security Disability Appeal Time Frame

Once your initial disability claim faces denial, you enter a critical 60-day window to file an appeal. Think of it as a two-month opportunity to gather your thoughts, understand the reasons for denial, and decide if you want to seek reconsideration. Surprisingly, the time it takes to appeal a disability denial is almost identical to the initial application process, ranging from weeks to well over a year. Similar delays persist, emphasizing the importance of legal assistance.

The Unique Appeal Process

Consider the appeal process as an opportunity to give your case a second look. It’s like saying, “Hey, let’s make sure we didn’t miss something important.” You’re not starting from scratch; you’re asking the SSA to reconsider. By submitting new information, possibly from doctors or people familiar with your situation, the SSA reviews everything again, aiming to ensure everyone is on the same page.

Your Appeal with the Law Office of Gerard Lynch

If the appeal process feels overwhelming, the Law Office of Gerard Lynch is here to provide guidance. Facing the challenges of the journey, our team is ready to help you navigate through the complexities. Don’t let the appeals process intimidate you—reach out for a free consultation tailored to your disability claim.

Our commitment is to assist you in making the process as straightforward as possible, ensuring you take the first step toward securing the disability benefits you deserve. Contact us today and let’s work together to overcome any delays and hurdles you may encounter.

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This case was my first time hiring a lawyer but I am glad that the attorney I chose worked diligently with me to help me get the results I was looking for. I am confident in letting the law offices of Gerard Lynch handle my business when needed, and I will be contacting this office when or is there is another matter that I need handled. I, Alexander Foster, am very satisfied with the outcome of my case. The Law Office of Gerard Lynch and I worked together and we achieved the goal that we were striving for. I am so thankful.

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We need more lawyers like Mr. Lynch with an understanding heart and mind. May God bless you and your staff. I enjoyed working with Mr. Lynch and thank you so very much.

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Frequently Asked Questions

Do I have to be disabled permanently to receive Social Security Disability (SSD)?

A claimant needs to be disabled for at least 12 months or have a medical condition that is terminal or expected to lead to death. Sometimes a claimant is not disabled permanently. In a certain time frame, when they are disabled from working, they could qualify for disability benefits.

It is possible, but rare to receive benefits without any medical evidence to back up your claim. If you do not have recent medical records, it is much harder to win a case. There is a possibility, though not common, that your case might be approved simply by going to a consultative exam by the SSA, where a doctor gives you a physical or mental examination.

One benefit of working with our office is that we will look carefully at your case. If you do not have enough current medical evidence for your claim, we can often give you information about low-income or indigent health services that can help establish a medical record for a low cost or free.

No fees, unless we win your claim! Our law firm, the Law Office of Gerard Lynch, only charges our clients if we win their SSD or Supplemental Security Income (SSI) benefits. We charge on a contingency basis, 25% of the back pay awarded to a claimant when we win the case. As of Summer 2024, our fee is capped at $7,200. The fee cap is set by the Social Security Administration (SSA) for all representatives, and is periodically adjusted for inflation just like monthly SSD and SSI benefits. Social Security pays us directly so our claimants don’t have to write a check. If we do not win a case, we do not charge anything no matter how much work we have done. Once a client wins and their monthly checks begin, they will keep 100% of their checks.

Social Security Disability (SSD) comes from FICA taxes that are deducted from paychecks during the work history of a person. Every month that a person works and reports income to the government, taxes are deducted which are paid into social security. When FICA taxes are taken out of paychecks, most of it goes into the general Social Security retirement fund. However, a smaller portion goes into the general Social Security disability fund.

Contrary to popular belief, no one has an account set up with the SSA by default, even though all Americans are required to pay taxes into social security. People who become disabled over their lifetime and are not yet eligible to get their full-age retirement benefits can get benefits from the disability fund. They’ll need to apply for these benefits and get approved to receive them.

Supplemental Security Income (SSI) is a different program for disabled people and it is like a form of welfare. More specifically, it is for people who are either too young to have paid enough into the system or have not worked recently enough to receive Social Security Disability (SSD). To receive Supplemental Security Income (SSI), a claimant has to be equally disabled as a person who receives Social Security Disability (SSD) – the standard for determining disability is the same. One of the main differences in deciding which claimant receives Social Security Disability (SSD) or Supplemental Security Income (SSI) comes from the amount of money paid into the Social Security system over one’s lifetime.

It should also be noted that SSI carries much stricter income and resource qualifications for someone to get approved and maintain these benefits.

If you have any additional questions that we did not answer above, please get in touch with our team at The Law Office of Gerard Lynch. Unlike the larger Social Security disability lawyers of Houston, our office will make sure you’re treated as more than just a claim. Let our attorney review your disability claim and help you seek the peace you deserve.

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