How Long Does a Disability Appeal Take in New York_ Image

When you’re dealing with a disability that prevents you from working, the last thing you need is a lengthy, complicated appeals process. But that’s exactly what many New Yorkers face when their application for Social Security Disability Insurance (SSDI) is denied. If you find yourself in this situation, you probably wonder, “How long does a disability appeal take in New York?” The answer may surprise you—and not in a good way.

According to the most recent data from the Social Security Administration (SSA), the average time from filing an initial application to receiving an initial decision on an appeal is a staggering six to eight months. That’s up to 240 days of waiting, wondering, and struggling to make ends meet without the benefits you need and deserve. That doesn’t factor in the time it takes to appeal a disability denial. That can add even more months to your wait.

What Are the Odds of Winning an SSDI Appeal?

The harsh reality is that about 60% of initial SSDI and SSI applications are denied. This means that most people who apply for these crucial benefits are forced into the complex and time-consuming appeals process. It’s a daunting prospect, especially when you’re already dealing with the challenges of a disability.

While the road ahead may be long, there are steps you can take to improve your chances of success and get the benefits you need to support yourself and your family.

Understanding the Disability Appeals Process in New York

When you receive a denial notice from the SSA, you have 60 days to file an appeal. There are four possible stages of appeal, each with its own timeline and success rates:

  • Reconsideration (average wait time: 6.1 months)
  • Hearing before an Administrative Law Judge (ALJ) (average wait time: 9.7 months)
  • Social Security Appeals Council review (low odds of success)
  • Federal district court (very few cases reach this stage)

Most people who are approved for benefits get their approval at the hearing stage. However, getting to this point can take over half a year—and that’s after you’ve already waited several months for your initial application decision.

Is It Worth the Wait?

Is facing such a lengthy appeals process worth the effort? The answer is a resounding yes. Why? If you’re approved for benefits, you’ll not only start receiving monthly payments to help cover your living expenses, but you may also be entitled to back pay going back to when you first became disabled.

For SSDI, the maximum back payment is 12 months’ worth of benefits. These retroactive payments can be a lifeline for people who have been struggling financially due to their disability.

The Bottom Line

Appealing a disability denial in New York can be a long and arduous process, with wait times of up to two years and more from start to finish. But for many people, the benefits they receive at the end of the journey are worth the wait. If you’ve been denied SSDI, don’t give up hope. Consider hiring our disability attorney to guide you through the appeals process and fight for the benefits you deserve. With persistence, patience, and the right support, you can get the financial assistance you need to move forward with your life.

Don’t Go It Alone—Hire a Social Security Disability Attorney

How Long Does a Disability Appeal Take in New York_ Image 2Appealing a disability denial can be overwhelming, especially when you’re dealing with health challenges. A skilled disability attorney can make all the difference in the successful outcome of your case. An experienced lawyer can gather the necessary medical evidence, prepare for your hearing, and present a compelling case to the ALJ.

In fact, statistics show that people who hire a disability attorney are nearly three times more likely to be approved for benefits at the hearing stage than those who go it alone. While there’s no guarantee of success, having a knowledgeable advocate on your side can significantly improve your odds.

If you’re considering appealing a Social Security disability denial in New York, don’t hesitate to seek legal help. Contact Fusco, Brandenstein & Rada, P.C. at 516-496-0400 or contact us online for a free consultation with one of our compassionate Social Security disability attorneys. We’ll review your case, answer your questions, and help you understand your options. Remember—you don’t have to go through this difficult process alone.

 


Last Updated : July 8, 2024
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