How Long Does a Disability Appeal Take in Milwaukee, Wisconsin?

February 14, 2021

If you’ve been denied disability, you may need to seek a disability appeal. Many times people suffer injuries that result in disabilities that keep them from being employed. If this happens in Wisconsin, you can apply for disability benefits. You can get these benefits through the Social Security Administration (SSA) and the social security disability insurance (SSDI).

Disability aids will provide you with a monthly income to cover your financial needs. On your first application for disability benefits in Wisconsin, you may receive a denial letter. The law allows you room to appeal if you believe the SSA should have approved your request.

However, the disability appeal process in Wisconsin is a rather lengthy and technical one. And without the guidance of a social security law attorney, it is near impossible to get a favorable result. Therefore, since your financial survival heavily depends on getting the benefits, it would be best to hire a disability benefits lawyer.

Reasons the SSA May Deny Your Disability Claim

If the SSA denies your application for disability benefits, you shouldn’t worry much. This is because the system denies many claims in Wisconsin. There are many reasons for which your disability claim can receive a denial. Some of such reasons include:

  • Insufficient medical evidence to establish severe disability
  • Your disability isn’t too extreme or wouldn’t last for longer than 12 more months
  • You can still work despite your disability
  • You didn’t stick to your medication, or you disregarded your doctor’s instructions

How Long Will Your Disability Appeal Take?

If the SSA denies your application for benefits, you can appeal it. However, your window for disability appeals is open for only sixty (60) days from the date of denial. The law presumes that a denial letter reaches the applicant five days after the SSA sends it. It is from this expected date of delivery that your 60-day limit starts counting.

It is only on rare exceptions that you can get a hearing for your appeal if you miss this deadline. The appeals process’s first step is to file a “Request for Reconsideration” with the Disability Determination Bureau (DDB). At this point, they will assign your case to a different examiner for further evaluation.

This new adjudicator may yet turn down your application or approve you for disability benefits. It will take about two to three months to get a decision from this examiner. If you receive another denial, which is possible, you can file a request for a disability hearing before an administrative law judge (ALJ).

It can take several months before you can get the opportunity to present your case before the ALJ. This stage of disability appeals allows you to make your case personally. It would be best if you engage a Wisconsin disability lawyer to represent you through this process.

The ALJ will consider medical evidence relevant to your case and interview witnesses to make a decision. The judge may also call an expert medical witness to give an opinion on your disability. The judge will ask you some questions to get a feel of your case.

You will be able to get the written decision of the judge 30 days from your hearing. The large number of requests the system has to process is a significant cause of the disability appeals process delay. So, you will need to be patient.

Even if the ALJ denies your claim, you still have other avenues to explore. You can apply to the SSA’s Appeals Council for a re-evaluation of your request. If this fails, you can then file a civil lawsuit in a federal court.

The length of time of this lawsuit will depend on the usual factors that affect regular suits. Although in reality, few cases get up to these last two stages of appeal. Having entered the court system, if the federal court doesn’t rule in your favor, you can yet appeal to the relevant US Court of Appeals and then the Supreme Court.

Tabak Lawyers Can Win Your Disability Appeal!

If you can’t work in Wisconsin because of a disability, you may be eligible for disability benefits. You don’t need a lawyer to file your initial claim. But if you receive a denial letter, it would be best to get a disability lawyer in Wisconsin. It would help if you had an attorney because the appeals process for disability benefits in Wisconsin is technical, and it’ll be challenging to navigate it on your own.

At Tabak Law, our attorneys have dedicated their careers to getting disability benefits for disabled Wisconsin residents. We are confident that if you let us represent you during your disability appeal, we can get you the money you deserve. Call us today for a FREE consultation on your case.

Injured? Unable to Work? We Can Help!

contact us below to arrange a free case review with an experienced social security disability lawyer.

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