Disability Appeals Process - Boise




If you have been denied, you need to file an 'Appeal' within 60 days of the 'Denial Date' or you will have to start over.


1. The initial claim: If you are denied at the Initial level, do not be discouraged. This does not mean that you do not have a good claim. Almost 65% of all initial claims nationwide for the last ten years have been denied. It takes approximately 80 to 120 days or more for a decision to be made. If you are denied benefits, you have only 60 days to file an appeal for Reconsideration. This is a good time to consider appointing a Representative for your claim.

2. The Reconsideration: It takes approximately 60 to 120 days for Social Security to reconsider your claim, however, almost 85% of all reconsiderations are denied. Again, if you are denied, you have only 60 days to file for a hearing with an Administrative Law Judge.

3. The Hearing: It can take anywhere from twenty months to over two years to get a hearing date and a decision, depending on the Hearings Office. You should NOT attempt to do your Hearing without a Disability Representative. If you are denied at the hearing level, you again have only 60 days to file an appeal to the Appeals Council.

4. The Appeals Council: It can take up to a year for the Appeals Council to decide whether to ‘remand’ your case back for a new hearing or to deny your claim. Only about 5% of all appeals are remanded back. If it is ‘remanded’ back, the hearing process begins all over again. If you are denied by the Appeals Council, you have only 60 days to file a ‘Civil Case’ against Social Security.

5. The Civil Case: It can take up to two to three years for a decision to be made. The decision could be to overturn the decision and you could be awarded benefits. The decision could also be to ’Remand’ the claim back to the hearing level and start again, or the decision could be denied which would be a final decision. This is why it is important to win at the 'Hearings Level' the first time.