HOW MANY APPEALS ARE THERE IN A DISABILITY CASE?

Social Security disability cases are subject to the same basic structure of appeals as most other legal matters.  Here are the possible steps that an SSDI case may follow:

1. INITIAL DECISION.  I call this the initial application stage.  In Alabama, 70 percent of all applications are rejected at this stage.  It's the rule, not the exception.  Don't give up here.  You must not.
2. RECONSIDERATION.  In 40 states, you must ask for reconsideration by the same agency that denied your case the first time.  In Alabama and 9 other states, you may skip this step and ask for a hearing.
3. REQUEST FOR HEARING.  You file a formal request for a hearing by a federal administrative law judge (ALJ).  It usually takes up to 12 months to obtain this hearing.  The odds of winning are better at this stage.
4. APPEALS COUNCIL.  If the ALJ issues an unfavorable decision (or partially unfavorable), you may appeal to a group of judges in Falls Church, VA known as the Appeals Council.  You do not appear before these judges.  You may submit written states or evidence which will be reviewed.  It frequently takes 2 years or more to get a decision from the Council.  The Council may (a) do nothing and let the ALJ decision stand, (b) remand the case back to the ALJ for further consideration, or (c) reverse the ALJ's decision and issue a more favorable decision.  The most common relief provided by the Appeals Council is "b" - the case is referred back to the ALJ for further review and consideration.
5. FEDERAL DISTRICT COURT.  If the Appeals Council action leads to no fully favorable resolution, the claimant may file suit in US district court.  This may require 2 years or more for a decision.  The federal court may take any of the actions described above under the Appeals Council.
6. US SUPREME COURT.  This is not a real-world scenario.  Technically, a Social Security claimant may petition the Supreme Court to hear a case; however, the Court actually hears perhaps 1 or 2 Social Security cases every two or three years.  So the odds of getting your case before the nation's highest court are slim and non and "Slim just left town."

I recently represented a case that was originally filed in 2000. Before I became involved in the case, it had been denied, appealed to an ALJ, denied, appealed to the Appeals Council, denied again; tried in US District Court, which remanded the case back to the administrative law judge for further review.  The case had been in the adjudication process for almost 12 years and the poor claimant had not received one penny in benefits.  Thankfully, this not the path that most cases travel. 

Most cases get resolved at the administrative law judge or hearing level.  This is the most likely venue to receive a favorable decision.  That's why it is so important to present a good, organized and well prepared case when you appear before the ALJ for your hearing.