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How Long Does a Social Security Disability Appeal Take in 2026?

How Long Does a Social Security Disability Appeal Take in 2026?

Category: Disability Law

The Social Security Disability appeals process can feel frustratingly slow, especially when you’re dealing with a serious medical condition and financial hardship. As a disability attorney serving clients in Melbourne, Florida, and across Brevard County, I often hear the same question: “How long will my appeal take in 2026?”

There is no easy answer to this question. It really depends on several key factors including location, complexity of the case, and SSA backlogs. There was quite the bottleneck after the pandemic struck but the SSA is hard at work clearing those cases.

Your initial application usually takes around 6 months from the time it is submitted until a decision has been made. Roughly three out of four cases will be denied during this time. That number is much lower for people who use the assistance of a disability attorney.

An appeal can be filed within the first 60 days of the applicant receiving a denial letter. This appeal should never be the same exact application which was submitted the first time. This appeal allows the applicant to fix errors and add any information which they forgot to include the first time. This appeal time usually takes about 6 months to generate a verdict. About 10-15% of appeals are approved at this stage.

If an applicant is denied approval during the initial appeal, they can request that their case be brought before an Administrative Law Judge (ALJ). This is usually the stage where an applicant who went at it alone decides to hire an attorney and as a result the approval rate rockets to around 50%. This part of the process usually occurs about 6-7 months after it is requested (after appeal denial).

In summary, the entire process from initial application until the hearing before an ALJ can take up to 2 years’ time. It will take an additional 2-3 months for the published a written decision.

If the ALJ denies your claim, you can appeal to the Appeals Council. Average time for this stage is another 6-12 months. The fifth and final stage after this is the U.S. District Court. This take about another 12-24 months.

You can see by the amount of time each step takes how important it is to have your ducks in a row from the very beginning. You don’t want to be involved in a process which can take several years to complete. With proper planning (and help from a professional) you may very well be approved and even begin receiving payments within the first year.

 

 

 

 

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