Denied Social Security Disability in Iowa? Here’s What To Do Next.

How Long Does an Appeal Take? Does It Really Work? We’re Answering Your Questions Here.

If you applied for Social Security Disability benefits and were denied, you’re not alone. The Social Security Administration (SSA) rejects about 80% of the initial applications it receives each year. 

But a denial doesn’t have to be the end of the road. In fact, if you believe you were denied in error, it shouldn’t be the end of the road. You have multiple opportunities to appeal. This gives you more chances to strengthen your case, gather additional evidence, and secure the benefits you deserve.

The appeals process may seem long and overwhelming, but the expert Iowa Social Security Disability attorneys at Schott Mauss & Associates work every day to make it achievable. Let’s take a look at how the process works, how long it takes, and how to navigate it successfully.

Table of Contents

• What Is the Social Security Disability Appeals Process?
• Does the Appeals Process Really Work?
• Why Initial Applications Are Frequently Denied
• Step 1: Filing a Request for Reconsideration
• Step 2: Seeking a Hearing With a Judge
• Step 3: Appealing to the Appeals Council
• Step 4: Filing a Civil Lawsuit in Federal District Court
• How Long Does the Social Security Disability Appeals Process Take?
• Get Help From Iowa’s Expert Social Security Disability Attorneys

What Is the Social Security Disability Appeals Process?

When you first apply for Social Security Disability benefits, you file paperwork with the Social Security Administration. Schott Mauss and Associates files initial applications for clients. In fact, we prefer to help you file so we can add arguments and advise you from the beginning. 

If your initial application is denied, you then have four chances to appeal the decision. These steps include:

• Filing a request for reconsideration directly with the Social Security Administration.
• Seeking a hearing with an administrative law judge.
• Appealing the judge’s decision to the Social Security Administration’s Appeals Council.
• Filing a civil lawsuit in federal court.

Many appeals are solved at earlier stages of the process, meaning you may not have to go through all four of these steps.

Does the Appeals Process Really Work?

You may look at the process and wonder: “Do Social Security Disability appeals actually work?” 

The answer: They certainly do. Nearly 10% of all Social Security Disability applications filed each year are granted after an initial denial, at some point in the appeals process.

However, many appeals are unsuccessful. The reality is that nearly seven out of 10 Social Security Disability applications will never be approved. This is why it’s vital to work with an experienced Social Security Disability attorney at each step of the process, including when you file your initial paperwork.

An attorney will maximize your chances of winning by making sure you’re sending the correct documents, presenting your case clearly, and not saying anything that could hurt your ability to receive benefits.

Why Initial Applications Are Frequently Denied

When the Social Security Administration evaluates your application for benefits, it assesses both your injury itself and your eligibility for benefits. Denials happen for two different types of reasons: medical and technical.

Medical reasons involve the severity of your disability and how much it affects your ability to work. Technical reasons are unrelated to your disability, involving factors like your income and work history.

Common medical reasons for denial include:

• The impairment didn’t (or isn’t expected to) last for a year or more.
• The impairment isn’t “severe” enough to qualify.
• The applicant is able to do their usual past work. 
• The applicant is able to do another type of work. 
• The evidence provided isn’t sufficient to establish the disability.
• The applicant failed to follow the treatment offered by their doctor. 

Common technical reasons for denial include:

• Not having sufficient work history.
• Earning too much income.
• Owning too much in assets.
• Failing to cooperate with the Social Security Administration. 

Understanding the reason for your denial and what information you need to prove your eligibility is essential to winning an appeal. Now, let’s take a closer look at each step in the process.

Step 1: Filing a Request for Reconsideration

After your initial denial, you will have the opportunity to file a request for reconsideration with the Social Security Administration. While it may seem fruitless to appeal to the same agency that just denied your claim, this step allows you to submit more information that could solve issues that the SSA had with your initial claim. Your request will be reviewed by someone who did not make the previous decision. 

Filing Deadline: Timing at this step — and at all steps of this process — is very important. You must file your request for reconsideration within 60 days of receiving your initial denial. 

How Long It Takes: This step can take several months. The average processing time for a reconsideration request in 2023 was 213 days or about seven months.

Step 2: Seeking a Hearing With a Judge

Some Social Security Disability appeals are solved at the reconsideration level. However, most are not. At this point, you have the opportunity to seek a hearing with an administrative law judge. This hearing can take place either in person at a local office, virtually, or by telephone.

A hearing will give you a chance to submit more information for the judge to evaluate, as well as bring in experts and witnesses who can talk about your situation.

Filing Deadline: This request for a hearing must be filed within 60 days of receiving the SSA’s decision on your reconsideration request from step one.

How Long It Takes: The time you spend waiting for a decision on a hearing could be as much as a year or more. In Des Moines, Iowa, the average processing time is 257 days or about 8 ½ months. While lengthy, Iowa’s wait time is about a month shorter than the national average of 285 days.

Step 3: Appealing to the Appeals Council

If the administrative law judge does not rule in your favor, the next step is to take your case to the SSA’s Appeals Council. The council, which is based in Virginia, will look at the judge’s decision and decide whether to review the case. If they review it, they will decide whether to uphold or reject the decision. They may also send the decision back to the judge to consider again. 

Filing Deadline: Similar to previous steps, you must file your appeal within 60 days of receiving the judge’s decision or your request may be denied. 

How Long It Takes: This step will vary based on whether the Appeals Council decides to review the decision and whether it sends the case back to an administrative law judge. All told, the timing for the case could be a few months to two years.

Step 4: Filing a Civil Lawsuit in Federal District Court

If the Appeals Council upholds the judge’s decision, your final opportunity to appeal involves filing a civil lawsuit in a federal district court. The decision in this case will be final. 

Filing Deadline: The suit must be filed within 60 days of receiving the decision of the Appeals Council. 

How Long It Takes: This step can take several months, and often up to a year.

How Long Does the Social Security Disability Appeals Process Take?

The length of time that your appeal takes will depend on how many steps you need to go through. If you go through all of the steps, you could be waiting for years based on your decision. 

Here is the average wait time at each step of the process in Iowa: 

• Request for reconsideration: 7 months
• Administrative Law Judge Hearing: 8.5 months
• Appeals Council Review: 3 months to 2 years
• Federal Court Lawsuit: 1+ years
• Total: 7 months to 4+ years

We know that waiting can be difficult. However, working with a qualified lawyer can help you speed up the process as much as possible by providing adequate evidence and ensuring you file on time. If you do win your appeal, you will typically receive back pay for the time you spent waiting on your decision.

Don’t Leave Your Case to Chance. Get Help From Iowa’s Expert Social Security Disability Attorneys.

While appealing your Social Security Disability decision can be a long journey, it’s worth it to secure the benefits that you deserve and depend on.

For decades, Schott Mauss & Associates has been helping Iowans cut through the red tape and successfully navigate the many stages of the appeals process. Our compassionate, experienced attorneys are ready to hear your story and fight relentlessly on your behalf. And you won’t pay any fees unless you win.

Contact us today to set up a free consultation with an attorney and to learn how we can help you.