Written by Eric A. Shore, personal injury, disability, and employment law attorney, practicing since 1994, with offices in Pennsylvania, New Jersey, and Florida
The short version
This is for someone who has filed for Social Security Disability Insurance (SSDI) and is watching months go by with no decision. The direct answer is that no lawyer can force the Social Security Administration (SSA) to move faster. What an experienced lawyer can do is stop the avoidable mistakes that turn a slow case into a much longer one.
The rules that govern your case come from the Social Security Act and SSA’s own regulations. The 60-day deadline to appeal a denial is the most important number you will ever hear in this process. According to SSA’s own performance data through March 2026, an initial disability decision averages 189 days. A hearing before an Administrative Law Judge averages 263 days. Reconsideration in between adds three to six months on top.
Most people in this situation think they have one problem. They usually have several. The injury or illness that stopped you from working may also trigger short-term disability, long-term disability, or other benefits that run on separate clocks.
Call the Law Offices of Eric A. Shore at 1-800-CANT-WORK for a free consultation. We have helped tens of thousands of disability claimants over more than 30 years.
How Do You Know If Your SSDI Case Is Actually Stuck?
Most SSDI cases that feel stuck are not stuck. They are just slow. The system is slow on purpose, and the wait is built in.
A case that feels stuck after two months is usually still in normal review. A case at the four-month mark with no SSA contact may need follow-up. A case at six months with no decision is at the edge of the current national average. None of those is the same as a case that is actually broken. A broken case is one where SSA has lost a file, missed a medical record, or sent a request you never answered. Those are the cases where the clock starts running against you for the wrong reason.
Timing matters. Paper trails matter. These cases are won or lost on both sides.
Several bodies of law shape what happens here. The Social Security Act creates the SSDI program. The Code of Federal Regulations at 20 C.F.R. Part 404 lays out the application and appeal rules. SSA’s internal program operations manual controls how examiners review files. None of those rules forces SSA to decide your case by a certain date. All of them force you to meet your own deadlines.
“People call me three months in and ask why nothing is happening. Usually something is happening. They just cannot see it. What worries me is the case where something should have happened and did not.”
Eric A. Shore, Law Offices of Eric A. Shore
What Laws and Rules Control How Long SSDI Takes?
The timeline is set by federal law and SSA policy. Three pieces of the rulebook do most of the work.
The Social Security Act and 20 C.F.R. Part 404. This is the federal disability program. It funds SSDI through payroll taxes and requires SSA to evaluate every claim against a five-step sequential evaluation. Step one is whether you are working at substantial gainful activity. In 2026, that limit is $1,690 per month for non-blind claimants. Earn above that and the claim is usually denied at the first step.
The 60-day appeal rule. This rule appears at 20 C.F.R. § 404.909 and § 404.933. After any denial, you have 60 days from the date you receive the notice to appeal. SSA presumes you received the notice five days after the date on the letter. Miss that window without a good cause filing. You may lose months of back pay or have to start over.
The Employee Retirement Income Security Act (ERISA). If you also have long-term disability (LTD) coverage through your employer, ERISA usually governs that policy. ERISA appeals must be filed within 180 days of a denial. SSDI and ERISA run on different clocks. Missing one does not affect the other, except that both can leave you with nothing.
In more than 30 years of handling SSDI cases, I have learned that most people focus on the rules SSA controls. The rules you control are the ones that matter more. The deadlines on your side of the table do not wait for SSA to finish its work.
When Is a Delay a Real Problem and Not Just the System?
A delay is a real problem when SSA does not have what it needs and nobody is fixing it. That is when waiting turns into damage.
I have seen cases where a treating doctor’s records never reached SSA because the doctor’s office was slow to respond. I have seen cases where SSA scheduled a consultative exam, the claimant missed it, and the case was denied for failure to cooperate. I have seen people file for SSDI while still working at substantial gainful activity, get the automatic denial, and lose six months they did not need to lose. I have sat across from clients who held a denial letter for 55 days before opening the envelope. By the time we met, the appeal clock was almost gone.
Those are the delays that cost people their cases. Not the unavoidable wait. The avoidable mistakes.
When Is the Slow Pace Just How SSA Works?
Most of the time, the slow pace is just how SSA works. The wait is the system, not a sign your case is in trouble.
According to SSA’s own performance data updated through March 2026, the average initial disability determination takes 189 days. That is down from 231 days a year earlier. Reconsideration, which is the first level of appeal, adds another three to six months in most states. A hearing before an Administrative Law Judge currently averages 263 days. That is about eight and a half months. Add them together, and a claimant who reaches a hearing is often two years out from the original application date.
Here is something most people do not realize. The wait does not mean your claim is weak. Strong claims and weak claims sit in the same queue. Two years sounds like a long time. It is. But the wait alone is not evidence that your case is failing.
Newer applicants and smaller medical files still have rights. There is no employer-size threshold here, because SSDI is a federal benefit funded by your own payroll taxes. If you worked enough quarters and paid in, you earned coverage. SSA is processing a claim. It is not deciding whether you deserve to be heard.
The system is slow. Slow does not mean anything goes. It means the agency does not move on your timeline. It does not mean you can ignore your own.
What Happens to Your Other Benefits While You Wait on SSDI?
Your other benefits are a separate set of rights from your SSDI claim. Most people do not know that. They leave money on the table while they wait.
Short-term disability (STD). If your employer offers STD, file as soon as your doctor takes you out of work. Most plans pay 60% to 70% of your wages for a defined period. Each plan has its own waiting period and forms. STD usually pays out long before SSDI does.
Long-term disability (LTD). If your employer offers LTD, the policy kicks in after STD runs out. That is usually at 90 to 180 days. LTD often pays 50% to 70% of your pre-disability income. Most employer LTD plans are governed by ERISA. ERISA appeals must be filed within 180 days of a denial. Miss that deadline and you may lose the right to sue. We handle long-term disability denials under ERISA often.
Supplemental Security Income (SSI). If you have very low income and limited resources, SSI runs alongside SSDI. In 2026, the federal benefit rate is $994 per month for an individual. SSI uses the same medical definition of disability as SSDI but has its own financial rules.
Workers’ compensation. If your disability came from a work injury, workers’ compensation may pay wage replacement and medical bills regardless of SSDI status. Each state has its own deadlines. Workers’ comp does not wait for SSDI.
Losing your ability to work does not mean losing all of it. The SSDI claim is one problem. The other benefits are a separate set of rights.
What If You Have More Than One Claim at the Same Time?
It happens more than people expect. A single injury or illness can open three or four legal tracks. Each one has its own rules. Each one has its own deadline. They do not coordinate themselves.
The SSDI application runs on SSA’s administrative timeline. The ERISA appeal of a denied LTD claim runs for 180 days. A workers’ compensation filing runs on each state’s deadline. An injury claim against a third party runs on each state’s statute of limitations. Each clock starts on a different day. None of them waits on the others.
What Is a DISINJURY™ Case?
DISINJURY™ is the term we use for what happens when an injury or illness causes lasting inability to work and earn. Most firms handle injury cases or disability cases. We handle both. That matters because the same event often triggers benefits on multiple tracks at once.
Picture a delivery driver rear-ended on the way home from a route. The crash leaves nerve damage in the dominant hand. The driver cannot return to delivery work. There is a personal injury claim against the at-fault driver’s insurer. There is also a year of lost income. That can open SSDI. In 2026, SSDI pays up to $4,152 a month, with an average benefit around $1,630. To qualify, the disability must be expected to last at least 12 months. If the driver had LTD coverage through work, that may pay too. ERISA appeals after an LTD denial must be filed within 180 days. Miss that and you may lose the right to sue. Most firms handle one of those tracks. We handle all of them under one roof. You can read more about our Social Security Disability practice on our site.
“People walk in thinking they have one case. By the end of the meeting we have usually found three. Nobody told them. That is what we are here for.”
Eric A. Shore, Law Offices of Eric A. Shore
What Should You Do Right Now If Your SSDI Claim Is Dragging?
Do not assume the wait is the only problem. The wait is usually the smallest problem.
Save everything. Keep every letter from SSA, every appointment notice, every medical record, every doctor visit summary. Put them in one folder. Do not throw anything away.
Find out if SSA is missing records from any of your treating doctors. Call your doctors’ offices and ask whether SSA has requested records and whether they have been sent. Missing records are the single most common reason cases stall.
Check your filing status online. Create a my Social Security account at ssa.gov and watch the case status. Do not wait for letters to tell you what is happening.
Look at the timing on every notice you have received. If you get a denial, count the days. The 60-day appeal window starts the day after you receive the letter. SSA presumes you received it five days after the date on the notice. If you are anywhere near 30 days in, do not wait another week. For more on what comes next, see our guide on how to appeal a Social Security disability denial.
Call the Law Offices of Eric A. Shore at 1-800-CANT-WORK. We have recovered more than $250 million for over 40,000 clients. Tell us where you stand. We will tell you what to do next. The first conversation is free.
Common Questions From People Waiting on SSDI Decisions
Can a lawyer make Social Security move faster?
No. No lawyer can force SSA to process a claim faster than its own queue. What a lawyer can do is file appeals within hours of a denial instead of weeks. A lawyer can identify missing medical records before they cause a denial. A lawyer can prevent the avoidable mistakes that add months to a case.
How long does an SSDI claim take in 2026?
According to SSA’s own performance data through March 2026, the average initial decision takes 189 days. Reconsideration adds three to six months. A hearing before an Administrative Law Judge currently averages 263 days. A claimant who reaches a hearing is usually two years from the original application.
What is the 60-day appeal deadline?
After any SSA denial, you have 60 days from the date you receive the notice to file an appeal. SSA assumes you received it five days after the date on the letter. Miss the window without a good cause showing. You may have to start your case over and lose months of back pay.
Can I work while my SSDI claim is pending?
You can work, but earning above the substantial gainful activity (SGA) limit usually triggers a denial. In 2026, SGA is $1,690 per month for non-blind claimants and $2,830 per month for blind claimants. Earning over those numbers is one of the fastest ways to lose a claim.
What if my doctor has not finished testing yet?
Sometimes filing immediately makes sense. Other times, waiting a short period for an MRI or a specialist visit puts the claim in a stronger position from the beginning. SSA can only evaluate the evidence it has. An MRI that has not happened cannot be reviewed.
Will SSA gather all my medical records on its own?
SSA requests records from medical providers. The providers control how fast they respond. Some offices reply in days. Others take months. SSA may not know about every doctor you have seen. You should assume the agency does not have everything it needs unless you have confirmed it.
Does hiring a lawyer change my approval chances?
A lawyer cannot guarantee approval. Any lawyer who says otherwise is not telling you the truth. What an experienced disability lawyer can do is build a stronger medical file, identify gaps before they become denials, and prepare you for the hearing where the highest percentage of cases are approved.
Will a lawyer make my Social Security disability case move faster?
A lawyer cannot make SSA’s queue move faster. A lawyer can stop the avoidable delays that turn a slow case into a much longer one. That is what most people are really asking when they ask this question.
Waiting on SSDI is bad enough. Waiting on a case that has gone off the rails is worse. The system is not set up to make this easy on you. Your SSDI claim, your other benefits, and your appeal deadlines all run on separate tracks. Missing any one of them costs you.
I have been handling disability cases since 1994. Call the Law Offices of Eric A. Shore at 1-800-CANT-WORK. Tell us what happened. We will tell you where you stand. The first conversation is free, and we do not get paid unless you win.
Eric A. Shore
Law Offices of Eric A. Shore
1-800-CANT-WORK | 1800cantwork.com
Philadelphia, PA | Drexel Hill, PA | Cherry Hill, NJ | Atlantic City, NJ | Fort Lauderdale, FL
Free consultation. No fee unless we win.
Eric A. Shore has been licensed to practice law since 1994. He founded the Law Offices of Eric A. Shore in 1999. The firm handles personal injury, SSDI and SSI, and long-term disability under ERISA. It also handles workers’ compensation and employment law. Offices are located in Philadelphia, Drexel Hill, Cherry Hill, Atlantic City, and Fort Lauderdale. Call 1-800-CANT-WORK or visit 1800cantwork.com.
