How Long Does a Disability Appeal Take with a Lawyer?

A long-term disability appeal can take several weeks to several months, depending on the complexity of your claim, the reason for the denial, and how quickly the insurance company reviews your appeal.

For many ERISA-regulated plans, claimants generally have at least 180 days after receiving a denial to appeal. Once the insurer receives the appeal, it typically has 45 days to make a decision, with a possible 45-day extension under certain circumstances.

Working with a long-term disability lawyer can help prevent unnecessary delays. An attorney can manage deadlines and communications, gather medical and other supporting evidence, and challenge weaknesses in the insurer's reasons for denying benefits.

If the insurer upholds the denial, further legal action may be possible. Filing a lawsuit can extend the overall timeline, but an attorney can continue building the case and fighting for the benefits you may be owed.

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How to Appeal a Long-Term Disability Denial

If your long-term disability claim is denied, your first step is to review the denial letter and understand why the insurance company rejected your claim. The letter should explain the reasons for the denial and provide instructions for appealing the decision.

A well-prepared appeal should directly address the insurer's reasons for denying your claim and include evidence supporting your inability to work. Depending on your circumstances, that may include medical records, statements from your doctors, vocational evidence, or other documentation.

Appealing a long-term disability denial typically involves:

Reviewing the denial: Identify exactly why the insurer says you don't qualify for benefits.
Gathering evidence: Obtain medical records, doctor's opinions, and other evidence that addresses the insurer's concerns.
Submitting the appeal: File your appeal before the deadline and include the evidence supporting your claim.
Waiting for a decision: For an ERISA-covered plan, the insurer generally has 45 days to decide the appeal and may have another 45 days if it properly extends the review period.
Considering further action: If the insurer upholds the denial, you may have additional options, including filing a lawsuit depending on your policy and circumstances.

Because the appeal can be an important opportunity to challenge the insurer's decision, working with a long-term disability lawyer can help you address the denial before the appeal deadline and avoid mistakes that could delay the process or weaken your claim.

"My client was injured on the job and claimed that he couldn't go back to work. After his medical examination, because he didn't listen to me, he went to Home Depot and bought all kinds of lumber, hauled it, threw it in the back of his car, and drove it to the house. They filmed him the whole time. They filmed him carrying it all out of a truck and putting it into the shed. And my client still got money."
– Ricky LeBlanc, Managing Attorney at Sokolove Law

How Long Does a Disability Appeal Take with a Lawyer?

For many ERISA-covered LTD plans, you generally have at least 180 days to file an appeal, giving you time to build a strong case rather than rushing to submit a basic response. Once you submit the appeal, the insurance company generally has 45 days to make a decision.

They may be able to take another 45 days if special circumstances require an extension, making the maximum review period 90 days.

The timeline for a disability appeal may look roughly like this:

Several weeks: Your lawyer reviews the denial, gathers medical and other evidence, and prepares the appeal.
Day 0: Your completed appeal is submitted to the insurance company.
Within 45 days: The insurer generally must decide the appeal.
Up to 90 days: If the insurer uses an allowable extension, the appeal can take up to 90 days for a final decision.
If approved: Benefits can then be paid according to the terms of your policy and plan.
If denied again: Your lawyer may need to pursue another available appeal or take legal action, which can add months or longer to the process.

Having a disability lawyer can help keep your appeal moving and avoid preventable delays. An attorney can gather medical evidence, address the specific reasons for the denial, communicate with the insurer, and make sure the appeal is submitted correctly and on time.

If the insurer continues to deny your claim, pursuing legal action can extend the timeline — but may be the only way to get the benefits you deserve.

How Long Does a VA Disability Appeal Take?

The timeline for a VA disability appeal depends heavily on which review option you choose. Some appeals may be resolved within months, while more complex cases can take a year or longer.

As of 2026, VA disability appeals had been pending an average of:

212 days on the Direct Review docket
260 days on the Evidence Submission docket
870 days on the Hearing docket

That means an appeal involving a hearing can remain pending for more than 2 years before a decision. Other review options may move more quickly. The VA has a goal of deciding Supplemental Claims and Higher-Level Reviews in an average of 125 days, or roughly 4 months.

The appeals process can take longer if a case requires new evidence, additional medical examinations, or a hearing before the Board of Veterans' Appeals. If the Board issues an unfavorable decision, a veteran generally has 120 days to appeal to the U.S. Court of Appeals for Veterans Claims.

"So the sooner we get the VA benefits process started, the more likely it is that we can get it approved and get actual benefits into the hands of the veteran in a timely manner."
– Major Jonathan Nelson (USMC, Ret.), VA-Accredited Attorney

How Long Does a Social Security Disability Appeal Take?

A Social Security Disability appeal can take several months to more than a year, depending on which stage of the appeals process you reach. In 2026, SSA's average time to process hearings before an administrative law judge is about 284 days.

Reconsideration is the first level of appeal. As of 2026, SSA data show that disability hearings can take roughly 9 months to process, with the agency reporting an average processing time of 284 days in fiscal year 2025.

You generally have 60 days to request reconsideration or a hearing after receiving an unfavorable decision. If the denial is upheld, you have another 60 days to ask the Appeals Council to review the decision. Appeals Council review can add significant time.

How to Win an Appeal for Disability Denial

There is no guaranteed way to win a disability appeal, but a well-prepared appeal can give you a stronger chance of overturning a denial. For a long-term disability claim, the most important thing is to directly address why the insurance company denied your benefits and provide evidence that supports your inability to work.

An experienced disability lawyer can handle much of this process for you, from reviewing the denial to gathering evidence and communicating with the insurance company.

Generally speaking, to win a disability appeal, you'll need to:

Review the denial: Identify the insurance company's reasons for denying your long-term disability benefits and determine what needs to be challenged.
Gather supporting evidence: Obtain medical records, statements from your doctors, vocational evidence, and other documentation that supports your claim.
Prepare the appeal: Build a legal and factual argument addressing the insurer's reasons for denial and submit the required paperwork and evidence.
Meet important deadlines: Make sure the appeal is filed within the deadline set by your policy or applicable law. For many ERISA-covered LTD plans, claimants have at least 180 days to appeal a denial.
Communicate with the insurer: Your attorney can handle communications and respond to questions or requests for additional information from the insurance company.
Challenge another denial: If the insurer upholds the denial, your lawyer can explain your options for taking the dispute further, including potential litigation.

The goal isn't simply to tell the insurance company that their decision was wrong. A strong appeal should use the available evidence to show why you meet the policy's definition of disability and why the reasons given for denying your claim don't hold up.

Having an attorney handle the process can help you avoid missed deadlines and missing evidence while giving your appeal a stronger legal foundation.

"You have a greater chance of success if you've hired an attorney to handle this for you. This is something they do every day, and they have the experience to know what is needed to get your claim approved."
– Ricky LeBlanc, Managing Attorney at Sokolove Law

How to Speed Up the Disability Appeal Process

A disability appeal can slow down when the insurance company has to wait for records, clarification, or other information needed to evaluate the claim. An experienced disability lawyer may help shorten those gaps because they know what insurers typically look for and can anticipate issues before they become roadblocks.

Instead of spending weeks figuring out what the insurer needs next, a lawyer can take action early and keep the claim moving.

An experienced disability attorney may help avoid delays by:

Knowing what matters: An attorney familiar with LTD claims can quickly identify which issues are most likely to affect the insurer's decision.
Avoiding unnecessary back-and-forth: Experienced lawyers know how to present information clearly and completely, reducing the need for repeated requests for clarification.
Getting ahead of medical evidence: Rather than waiting for an insurer to say that more medical support is needed, an attorney can identify gaps and work with your doctors to address them.
Responding quickly to problems: If an insurer raises a new issue or requests additional information, your attorney can address it without leaving the claim sitting unanswered.
Recognizing unreasonable delays: An attorney can identify when an insurer isn't following applicable claims procedures and determine whether action is appropriate. When an insurer asks for an unreasonable amount of information, they may be acting in bad faith.

A lawyer can't force an insurance company to approve a claim or guarantee a faster decision. But experienced legal help can make the appeal more efficient by anticipating problems, reducing avoidable delays, and keeping pressure on the insurer when appropriate.

That can be particularly valuable when you're already dealing with the financial and personal strain of being unable to work.

How Many Times Can You Appeal Disability Denials?

For a long-term disability denial, you may have more than one opportunity to appeal, depending on your policy and whether your claim is governed by ERISA. Many employer-sponsored LTD plans require you to complete an internal appeal with the insurance company before you can take the dispute to court.

Some policies may provide two levels of internal appeal, meaning you could have to appeal the denial twice before pursuing legal action. Your denial letter and plan documents should explain what's applied in your claim.

If the insurer upholds the denial after your appeals, you may be able to challenge the decision in court by filing a lawsuit, depending on your policy and circumstances.

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Get Experienced Help Fighting a Disability Denial

A long-term disability denial can leave you without the benefits you need while you're unable to work. Sokolove Law has more than 45 years of experience helping people pursue compensation and benefits after an injury or illness.

Michael Breuax, partner at Sokolove Law, has helped over 10,000 clients understand their options after an unfair disability denial. You don't have to face a long-term disability denial alone.

Our attorneys can review your denial, identify issues with the insurance company’s decision, gather supporting evidence, and handle the appeal process on your behalf.

If your disability benefits have been denied, get a free case review to learn whether you may have grounds to challenge the decision.