How Long Does It Take to Win a Disability Appeal in Georgia?

About two-thirds of initial applications for Social Security disability benefits do not get approved. You can challenge a denial through an appeals process to have benefits awarded, but it takes time.

A common question that people ask about the disability appeal timeline Georgia is: How long does it take? This article explains the four levels of the appeals process and the appeal decision timeframe Georgia residents can expect at each level.

Levels Of The Social Security Appeals Process

If you disagree with a decision made by the Social Security Administration, you have only 60 days from receipt of the notice to request an appeal. Missing the deadline could result in the loss of the right to challenge the decision. Contact a Social Security appeal process Georgia attorney at the Keener Law Firm upon receipt of the notice to request an appeal.

There are four levels or steps to the appeals process, and you must go through them in order, starting with reconsideration. However, if you agree with a decision made at any level, the process ends, and you need not continue through the remaining levels.

The appeals process includes the following levels in the order that you must go through them:

• Reconsideration: Think of a request for reconsideration as a second set of eyes taking a look at your application. A claims examiner who was not involved in the original review of the application is assigned to it. You may submit new evidence, such as updated medical records, for review along with the original application and its supporting documentation.
• Hearing: A denial at the reconsideration level may be appealed by requesting a hearing with an administrative law judge. Witnesses, including a vocational expert, a medical expert, and the applicant, may be asked to testify by the administrative law judge. Your disability attorney from the Keener Law Firm has an opportunity to cross-examine witnesses asked to testify by the judge. The attorney also may present witnesses, medical records, and other documents to support your claim.
• Appeals Council: An adverse decision from an administrative law judge may be appealed to the Appeals Council. Your disability attorney has the opportunity to present written arguments supported by medical and other documentation for consideration by the Appeals Council.
• Federal Court review: An unfavorable decision from the Appeals Council may be appealed by a Keener Law Firm disability lawyer filing a civil action in a federal district court. A judge reviews the case to determine whether the Social Security Administration complied with federal laws and regulations and reached a decision consistent with the evidence.

The chances of a successful outcome at each of the four levels depend on the strength of the case and the evidence supporting it. According to the Social Security Administration, the most recent outcome data at each level of the appeals process reveal the following:

• Reconsideration: Benefits allowed, 16%, and benefits denied, 84%.
• Hearing: Benefits allowed, 51%; denied, 33%; and cases dismissed, 16%.
• Appeals Council: Benefits allowed, 1%; cases dismissed, 3%; cases remanded to hearing level, 16%; and claims denied, 80%.
• Federal Court: Benefits allowed, 1%; cases dismissed, 4%; cases remanded, 63%; and claims denied, 32%.

Winning an appeal depends on the strength of the claim. A claim supported by medical and other evidence has a better chance of success than one with only minimal documentation that does not support the diagnosis or prove the limitations caused by the medical condition.

How Long Does A Disability Appeal Take In Georgia?

The time it takes for a decision at each level of the appeals process depends on several factors, including the volume of cases, which is why the disability hearing wait time GA can vary from location to location.

The following are estimates for how long disability takes GA:

• Reconsideration: Six to eight weeks.
• Hearing: It takes about nine to 12 months for a hearing date to be scheduled. The time it takes a judge to make a decision depends on the judge’s caseload.
• Appeals Council: 24 to 36 months.

The approximate time for a decision from a federal court judge varies significantly depending on the workload of the judge assigned to the case, the complexity of the case, and other factors that vary from case to case. On average, federal court appeals can take from one year or longer for a decision.

Learn How A Disability Attorney Can Help With An Appeal

According to the federal government, representation by a disability attorney makes a favorable outcome three times more likely during the appeal process. Attorneys know how to identify and strengthen weaknesses in a case, have extensive experience presenting evidence and questioning witnesses, and ensure that deadlines are met.

Learn what a disability attorney from the Keener Law Firm can do for your appeal. Contact us today for a free consultation and case evaluation.