How Long Does It Take to Get a Lawyer for Disability?

June 29, 2023

By Steve Fields
Principal Attorney

If you’re filing for disability benefits, you may have recognized by now that hiring a lawyer makes the process a lot smoother. But if you don’t know where to get a lawyer, you may wonder how long it takes. 

Getting a lawyer for Social Security Disability Insurance (SSDI) benefits takes as long as speaking to a disability attorney, either a private attorney or a referral from the Social Security Administration (SSA), and notifying the Social Security Administration by submitting a form with both of your signatures. 

Keep reading below as we describe the process in more detail.

When to Get a Lawyer

Ideally, you should get a lawyer once you have decided to file for Social Security Disability Insurance benefits. A lawyer will be able to help with the complexities associated with the initial application procedure. 

Once you are past that stage, you don’t have to wait very long to enjoy the benefits.

However, there are times when, even with the help of a disability lawyer, your benefits will be denied. This may be due to your disability not being severe enough to be considered by the SSA. Legal help may not be much help in such a situation.

However, having legal representation is crucial if your case proceeds to a disability hearing. Statistics show that this is the point where having legal representation can make all the difference in getting your application approved. 

How Long Does It Take For A Lawyer To Get Your Disability?

Generally, it takes about 3 to 5 months to get a decision from the SSA. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

According to the survey, 50% of individuals who sought legal counsel were successful in having their application accepted. While only 23% of self-represented individuals were successful in receiving assistance.

If your claim is denied by the administrative law judge (ALJ) during a disability hearing, your attorney can also represent you before the Appeals Council. The council will review any newly obtained medical data or evidence that the ALJ missed. If you need fresh medical proof, your attorney can help you get it.

How Long Does It Take to Get a Lawyer for Disability?

Fortunately, it does not take that long to get a lawyer for disability. The United States is home to hundreds of lawyers and other professionals who specialize in handling Social Security disability cases. Some legal aid professionals have backgrounds either as Social Security Administration disability examiners or claims representatives.

If you need help finding an attorney, the neighborhood Social Security office could provide you with a list of nonprofits and referral services, including bar associations and legal aid organizations.

Disability attorneys are found through a variety of resources, including the National Organization of Social Security Claimants’ Representatives’ referral program and internet directory sites.

You must inform Social Security in writing of your choice of representative. You could submit a completed SSA-1696 form to your local Social Security office by downloading it from their website. 

Your agent can also electronically submit the form on your behalf. An electronic signature is required for verification purposes from both you and your agent.

Should I Get a Disability Lawyer?

People who file for SSDI benefits quickly realize that the entire process is considerably time-consuming, frustrating, and exhausting. 

More often than not, SSDI applications are rejected at the very first stage of the review process, due to either technical or medical reasons. If you’re disabled and unable to work, this will induce anxiety over how your bills will be paid.

Getting an SSDI lawyer can help ease the process of applying for SSDI benefits as they are experienced professionals who are experienced with the ins and outs of the system. But it’s important to keep in mind that some waiting time is evident, even with legal help.

There are many benefits of getting a disability lawyer, some of which are discussed in this section.

SSDI Application

The most effective way to shorten the amount of time you must wait for benefits is to take your time in finishing your application upfront. It’s also the best strategy for reducing the chances that your claim will be rejected. 

You’ll have to detail your employment background, health status, and present and prospective benefits. Tax returns, medical records, confirmation of U.S. citizenship, a birth certificate, and possibly more will also be required along with your application.

It may be difficult to compile all the required paperwork and answer all the questions asked. If you attempt to handle the application on your own, you may miss important details that could cause a delay in reviewing your claim or even lead to a denial.

An experienced SSDI attorney could ensure that your application is filled out properly and quickly. Your lawyer will help you compile the necessary paperwork, coordinate with your doctors, and review the results to ensure that your application fairly represents the extent and nature of your condition.

Track The Status of Your Application

Your application status will be communicated to you through email or regular mail once it has been received. Your My Social Security account allows you to check the progress of your application online.

The average wait time for a determination on a request for Social Security Disability Insurance payments is three to five months. 

However, if the Social Security Administration agent reviewing your claim needs more evidence to determine if you are disabled under the law, the evaluation of your application might be delayed.

A representative has the right to ask for additional medical documentation. An independent medical evaluation (consultative examination) might be required to assess your level of disability.

An SSDI attorney is able to assist you in compiling the additional documentation required by the Social Security Administration. While waiting for a judgment on your SSDI benefits, a lawyer could also address any questions you may have regarding your specific problems or the overall application procedure.

Appeal the Decision

A review of an SSDI application may take a few months or more. You have 60 days to file an appeal after receiving a denial of your application. If you would like to appeal the ruling, you should definitely hire a skilled SSDI attorney. 

Your attorney will be able to walk you through the appeals process and give you an idea of how long you may be waiting for a ruling.

Conclusion

It is highly recommended to get a lawyer for disability. It doesn’t take much time, and it considerably eases the otherwise-very-complex process of applying for Social Security disability benefits.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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