How Long Does a Disability Appeal Take with a Lawyer?

Important: We updated this article in October 2025 after reviewing current Social Security Administration (SSA) claim-processing data. If you’re denied the first time you apply for Social Security disability benefits, you have the right to appeal. But is it worth hiring an attorney at this stage, and how much will it cost you? How long does a disability appeal take with a lawyer in your state versus trying to represent yourself at a hearing? An attorney can help you understand why the SSA denied your first application and how to fix it.

Learn why nearly everyone awarded benefits on appeal have lawyers and how it can impact wait times below.

How Long Does a Disability Appeal Take After Your Initial Claim’s Denied? Key Takeaways

• Two programs pay federal disability benefits: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). The Social Security Administration (SSA) reviews applications, approves or denies claims, and administers payments for both SSI and SSDI.
• Most people wait anywhere from 8 months to 3 years to receive their first SSD benefits check, on average.
• Working with a law firm to file your first SSI or SSDI claim can shorten your wait for benefit approval to as little as 6 months.
• On average, the SSA approves less than 1 in 5 initial disability claims (19%). Another 2%-9% get benefits only after they appeal that first application’s denial.
• How long does a disability appeal take with a lawyer versus without? About 18 months with a Social Security attorney handling your claim vs. 3 years if you forego legal representation.
• You’re also substantially more likely to get SSI or SSDI benefits on your first attempt if a lawyer files your claim paperwork for free.

How Appeal Hearings for Disability Benefits Have Changed Since the 2020 Pandemic

An Office of the Inspector General (OIG) Report shows how pandemic closings affected people seeking SSD appeals hearings. While the SSA began offering remote Social Security disability appeal hearings in late 2020, they weren’t available to everyone. Per this report, 20,000-30,000 people declined a remote hearing option between fall 2020 and March 2022. As a result, backlogged appeals soared, increasing wait times for pending cases dramatically.

To help reduce some of this backlog, the SSA expanded its phone and video hearing capabilities across more than 600 field offices nationwide. And it’s working — in FY2025, less than 1 in 6 people (14%) chose in-person disability appeal hearings over remote options:

This shift towards virtual hearings not only helped the SSA reach more people, it sped up the process dramatically. It reduced the average hearing decision processing time of 605 days in 2017 by 54% in FY2025 (280 days). The SSA’s latest Annual Performance Plan also shows the agency completed 390,000 out of 400,000 requested hearings this year (97.5%).

How Long Does a Disability Appeal Take with a Lawyer Nationwide if Your First Application’s Denied?

So, what does that mean for you? Here’s the current Social Security disability appeal timeline for most people seeking monthly benefits:

• It takes 217 days from your filing date to review initial disability claims (that’s 7.2 months). You then have 60 days from the date on your denial letter to initiate the appeals process.
• Another 248 days to process your first appeal (i.e., your “Request for Reconsideration“). However, just 2% of applicants win benefits on their first Social Security disability appeal. If your reconsideration request is denied, you then have 60 days to appeal a second time.
• Appeal again, and you’ll wait 8 months for your Social Security disability appeal hearing date on the court’s calendar. Another 9% of people get disability benefits at their appeals hearing.
• 285 days is the average case-processing time for people at the ALJ hearing stage as of 2025.

So, how long does a Social Security disability appeal take from the day you file to your first payment if there’s a favorable outcome at your hearing? About 1,050 days total, or nearly 3 years, minimum.

If you choose to work with an attorney, however, you’re 3x more likely to get benefits on your initial application. You’re also likely to get your first payment within 180 days vs. waiting 18-24 months.

And if an attorney helps you win your first appeal after you request reconsideration, you’ll wait about 555 days. That’s about 19 months (a little over 1.5 years) after you originally apply for disability.

Important: Follow these tips to make your own Social Security disability hearing go smoothly and improve your odds of success.

Understanding How the Social Security Disability Appeals Process Works

There are four different levels to the appeals process after the SSA denies your first disability benefits claim, which we explain below.

Step 1: Request a Reconsideration Decision on Your Initial Application

The first appeal after your initial application’s denial is called reconsideration, and you must file within 60 days. Your reconsideration request asks that someone not involved in the initial review look at all documents you submitted a second time. While you can do this without changing anything on your paperwork, reconsideration gives you a chance to:

• Include new medical evidence that better supports your disability claim
• Fix any issues on your claim forms, like leaving a required field blank or typing your answers if you have handwriting that’s hard to read
• Submit other relevant supporting documents that could help reverse the SSA’s decision (i.e., bank records showing your monthly income’s no longer above the legal limit to qualify for SSDI benefits)

Step 2: Request a Court Date with an Administrative Law Judge (ALJ) at the Initial Hearing Level

If you get a negative reconsideration decision, your next appeal step is to request a disability hearing. There, you can plead your case before an Administrative Law Judge. More than 4 out of 5 people choose to work with a disability attorney once they reach this level in the appeals process. An attorney or advocate can help you prepare for your hearing by:

• Showing you how to avoid mistakes that could unintentionally hurt your case, like accidentally disclosing too much information
• Rehearsing answers to trick questions the judge might ask at your ALJ hearing
• Gathering new evidence to present at your hearing, including securing expert witnesses to testify for you or purchasing costly medical records you can’t afford
• Appearing on your behalf in court if your medical condition makes travel or testifying difficult
• Ensuring you have access to everything you need for a successful remote hearing (i.e., dressed appropriately, quiet room, good lighting, working microphone, and privacy)

Step 3: Request a Social Security Appeals Council Review of Your Denied Claim

Not happy with the ALJ’s decision on your case after your hearing? You can appeal again within 60 days by requesting an Appeals Council review. Those Social Security policy experts review the judge’s decision for serious errors that could potentially justify a different ruling. If the council finds a problem, then they can reverse it and order a second hearing with a different judge. But if they find no technical errors in your favor, the Appeals Council will instead deny your request.

In FY2024, 35% of people denied benefits at a disability hearing requested an Appeals Council review. In 2025, that amounts to 37,059 people filing appeal review requests. You have an 83% chance of getting another denial at this stage, and a 1% chance of success.

How long does a disability appeal take with a lawyer once you get to this level? About 264 days, according to the most recent SSA Office of the Inspector General report.

Step 4: Filing a Lawsuit Against the Social Security Administration (SSA) at the Federal Court Level

This last level of the appeals process is rare, likely because it becomes quite costly to sue the federal government in court. In FY2025, about 400,000 people requested a disability hearing. To date, of those, 7,079 went on to sue the SSA at this fourth and final stage of appeal (1.8%).

Disability attorneys are unlikely to accept cases at this stage on contingency, and just 1% win benefits.

How Long Does a Disability Appeal Take with a Lawyer in all 50 States?

Curious about your own state’s average appeal hearing wait time? Or maybe you want to know your chances of a local judge granting you SSD benefits. According to the latest SSA data, here’s what to expect:

• 49% of claimants win benefits on appeal after pleading their case before a judge.
• 81% of people have a disability lawyer at their hearings.
• Judges dismiss 16% of cases at this stage (typically, because an applicant passed away or fails to appear).
• 35% are denied SSI or SSDI benefits after their disability hearing.
• Hawaii has the highest benefit approval rate for those at the Social Security disability appeal hearing stage (57%).
• Massachusetts has the longest average wait for hearing office court dates (12 months).
• Kansas has the lowest approval rate for Social Security disability appeal hearings (40%).
• 7 months is the shortest average wait for an ALJ appeals hearing with a 3-way tie between Indiana, North Dakota, and Mississippi.

Our interactive map below shows average wait times in all 50 states as of October 2025:

Talk to a Social Security Disability Lawyer in Your Area for Free

Want your Social Security disability appeal heard faster? We can connect you with a lawyer in your area who may be able to speed things up. But you don’t have to hire a lawyer to learn if you may qualify for benefits.

All lawyers in our national network offer free, confidential claim evaluations to people who qualify. Don’t want to work with the attorney you speak with or move forward with your case? Choosing what to do next is always 100% up to you. Federal law also says attorneys must charge clients who don’t receive benefits $0 in legal fees.

Want a free consultation from an experienced lawyer near you who understands Social Security disability law and can help you with the application process? Click the button below to see if you may qualify for free help qualifying for disability benefits today:

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