In 2024, claimants in NC whose claims progress to the hearing level should expect total average wait times of 24 to 28 months. However, Social Security wait times differ by local field offices and by stage. For example, recent data indicates that reported wait times for the Reconsideration stage of the Social Security Disability application process were averaging 182.7 days or roughly 6 months. And, that in 2023, the national average wait time for hearings was 9.7 months from the hearing request date.
It’s critical to note that this is a national average and that this number changes regularly. Many clients receive approvals faster-than-average while some claims have longer-than-average wait times. This makes it difficult to provide a specific answer to one of our most frequently asked questions – how long does it take to get disability?
How Long Does it Take to Get Disability?
Getting disability benefits is like embarking on a journey with different checkpoints. The time it takes can vary, but we’ll break down the key stages to give you a better idea of what to expect. Please note that the stages listed below apply to both Federal disability programs: the needs-based Supplemental Security Income program (SSI) and the work credit-based Social Security Disability Insurance (SSDI) program.
1 > Stage One: Initial Application
This is the first step in the process of applying for disability benefits. During this stage, claimants complete an application for SSDI, SSI or both programs. North Carolina claimants can submit an application in-person at a local field office, on the phone with their local field office, or online. Once complete, disability applications are submitted online where they are routed via SSA’s system to either a local field office in North Carolina or to the overflow workload support unit located in Durham, NC.
When applications are received, the local field offices perform a preliminary screening and quality check. They confirm the application meets the technical requirements for the SSI and/or SSDI programs. If the application does not meet the requirements, it is denied. This is called a technical denial. This decision can be appealed with the local field office within 60 days. If this decision is overturned and technical requirements are met, the application is then forwarded to the Disability Determination Services (DDS) office located in Raleigh, NC where they review the claimant’s medical evidence.
If the claimant DOES meet the program’s technical guidelines initially, the application advances directly to the Disability Determination Services (DDS) office located in Raleigh, NC for the required medical evaluation. DDS then issues a decision – an approval or denial on the claim based on the medical evidence. If a claimant receives a medical denial, which is common, they can appeal the decision at the next stage in the process, the Reconsideration stage.
Timeframe for Stage One: Based on available 2022 data from SSA, the average wait time for claims that met technical requirements and had a medical determination was approximately 190 days from initial application to decision. This average is a hybrid of the Mid Atlantic and South Eastern region data as we practice most commonly in these areas. Applications with technical denials will have shorter wait times than the average because they do not require a medical determination. If denied for any reason at this stage, claimants have 60 days from the decision to file an appeal. If approved, claimants will receive communication from SSA as to when their benefits will begin.
2 > Stage Two: Reconsideration
At the Reconsideration stage, denied claimants submit their appeal online or in person at their local field office. The appeal is then routed again to the DDS office in Raleigh, NC for reconsideration and a decision. During Reconsideration, someone who did not take part in the initial denial reviews the medical determination on your claim and considers any new medical evidence. Then, they issue an approval or denial. A majority of appeals are denied at this stage. If denied, claimants have 60 days from the decision to appeal.
Timeframe for Stage Two: Based on SSA’s most recent data from 2022, the average processing time at the reconsideration stage is 182.7 days. This is a national average from 2022, not a North Carolina average so reconsideration timelines for North Carolina may vary. Our North Carolina disability lawyers have recently encountered wait times at Reconsideration from 6 to 9 months on average.
3 > Stage Three: Disability Hearing
The next step for denied claimants is a disability hearing. During the hearing, claimants present their case to an Administrative Law Judge (ALJ) who evaluates the application, any previous decisions and any new medical evidence submitted. Then, the ALJ delivers a decision which is either an approval or a denial. This is the stage where the highest percentage of SSDI and SSI claims receive an approval.
Claimants must file a ‘Request for Hearing’ form which they can obtain online or at their local field office. Once the form is submitted, the request forwards to the Office of Hearing Operations (OHO). Requests forward to the OHO closest to the claimant’s physical address. Rarely, and if local OHO’s receive an abnormally high amount of requests, a hearing assignment may be moved to another OHO farther from you. This only occurs if you opt for a video teleconference or telephone hearing. In our practice, most clients opt for a video or a telephone hearing and a majority of our hearings occur at the Greensboro and Charlotte offices.
Once the OHO receives the request, they process it and then assign the ALJ as well as a date and time for the hearing. After the hearing, the ALJ considers the evidence including the claimant’s testimony and then makes a decision on the claim. If approved, the decision will be mailed to the claimant’s address along with an amount for backpay and the amount of approved monthly benefits. Claimants may be approved but disagree with the amount of backpay granted and decide to appeal that decision in a next step with the Appeals Council. Or, if they receive a complete denial and wish to continue appealing the claim, they also move to the next stage at the Appeals Council.
Timeframe for Stage Three: As recently as November of 2023, SSA’s data shows national average wait times from the time a request for hearing is submitted until the time a hearing is held to be 9.74 months. Please note that this number does not include the time it takes for the ALJ to render a decision on your claim after the hearing. That data is not publicly available. It varies widely depending on the Judge’s backlog and the assigned OHO’s backlog. In our experience, it is common for Judges to take a few months to deliver their decision.
4 > Stage Four: The Appeals Council
The final appeal stage within the SSA is with the Appeals Council and similar rules apply. Claimants denied at hearing must file an appeal within 60 days. Once filed, the appeal is processed and sent to the Appeals Council which is comprised of appellate judges located in Falls Creek, Va. These judges hear all hearing appeals across the country.
The Appeals Council considers three things:
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- Did the ALJ make an ‘error of law’?
- Did the ALJ abuse their discretion?
- Did the ALJ make a decision that is not supported by substantial evidence?
Less than 2% of all claims reviewed by the Appeal Council are decided in favor of the claimant. Once the Council reviews the claim, they can render a decision by either declining to review the claim (essentially a dead-end) or by remanding the decision back to the ALJ. In the case of a remand, the Appeals Council delivers a finding in one of the above categories and asks the ALJ who made the first decision to reconsider the claim with another hearing. Wait times for remanded hearings aren’t readily available but in our experience, remanded hearings have shorter wait times than first-time hearings.
During the hearing, the same ALJ reviews their original decision along with the Appeals Council findings and then delivers another decision. This decision is either an approval or a denial. A denial can then be challenged again at the Appeals Council by repeating the process. While it is exceedingly rare, we have worked with claimants through multiple remand hearings. At the third remand, a new ALJ is assigned to the claim and renders a decision.
For the purposes of this blog and to keep things simple, it’s best to simply think of the Appeals Council as the final appeal stage within the SSA and one which few claimants use.
Timeframe for Stage Four: According to 2016 SSA data, which is the most recent available, the number of days that it took for the Appeals Council to complete their processing of requests for review was 364 days on average.
5 > Stage Five and Beyond
Once claimants have exhausted all avenues of appeal within SSA, their only recourse is to file a Federal lawsuit to contest the decision. These cases are costly, time-consuming and very rarely successful. Because so few claimants pursue this route and very limited data exists on the topic, we excluded it from this blog.
What Does it Mean When Your Disability Claim is Pending?
During every stage of the process, there will be times when your claim is listed as ‘pending’. This status means that your claim is in the process of navigating that particular stage and in an ‘active’ status. If you abandon your claim, miss an appeal date or have not yet filed an appeal while in-between stages, your claim status will reflect the most recent decision. In contrast, ‘pending’ claims are in-process. While your claim is pending, it’s crucial to be patient. The SSA wants to make sure they have all the necessary information to make a fair decision on your case.
Finding Disability Lawyers in Charlotte, NC
As this blog post demonstrates (perhaps painfully!), applying for SSDI and SSI is a multi-step, complex process that can span well over two years. But as Charlotte, NC disability lawyers who have successfully represented thousands of deserving claimants throughout North Carolina, we can assure you of two things:
- Claimants working with disability lawyers win more claims than those who file alone.
- SSDI and SSI benefits are life-changing. It is very common for our claimants to receive tens of thousands of dollars in earned backpay as well as thousands of dollars in monthly benefits for the rest of their lives.
The process can be frustrating at times but it is designed to be thorough and to ensure that Federal SSDI and SSI resources are reserved for those who most need them. If you or someone you know is considering applying for SSDI or SSI benefits, we encourage you to contact our firm for a free consultation on your claim. As always, there is no fee for our services unless we win your claim and no obligation to hire us following the consultation.
