Social Security Act · SSA
Government benefits: appeals and your rights
How to appeal when a benefits claim is denied, from the first request to a hearing before a judge.
Key points
- Who
- Anyone who disagrees with a Social Security decision on their disability claim.
- Deadline
- Generally 60 days after you receive the notice, at every level of appeal.
- Levels
- Reconsideration, a hearing before an administrative law judge, the Appeals Council, then federal court.
- Free help
- Social Security: 1-800-772-1213. Legal aid in your state.
Guides in this area
Short answers, with the law behind them
How long do I have to appeal a Social Security decision?
Generally 60 days after you receive the notice of the decision, at each level of appeal. 20 C.F.R. §§ 404.909, 404.933, 404.968
What are the levels of appeal?
Reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and then a civil suit in federal court. 20 C.F.R. § 404.900(a)
How does the hearing take place?
In person, by telephone, by video at an SSA office, or by online video from a private place you choose. SSA: ways to attend your hearing
Can I see the evidence and add to it?
You can examine the evidence used in the decision and submit new medical records or statements. SSA: the hearing process
When can I go to federal court?
After the Appeals Council, you can file a civil suit in US District Court within 60 days after you receive its notice. 42 U.S.C. § 405(g)
Where to complain, for free
Other areas of US law
Official sources
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.