How to
My Social Security disability claim was denied. How do I appeal?
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.
- Practise
- At the hearing the judge swears you in and may question you. You can practise that first.
A denial is not the end of the claim. Social Security has four levels of appeal, and at each one you generally have 60 days after you receive the notice to ask for the next step.
For many people the decisive step is the hearing before an administrative law judge: the judge swears in everyone, hears your testimony and any witnesses, and may ask you questions. You can present evidence and question witnesses too.
At a glance
- Agency
- Social SecuritySSA
- Deadline
- 60 daysAfter you receive each notice
- Levels
- 4Reconsideration to federal court
- Hearing
- 4 ways to attendIn person, phone, SSA video or online video
The four levels of appeal
- 1 · Reconsideration
A new look at your claim. Ask within 60 days after you receive the decision.
- 2 · Hearing
A hearing before an administrative law judge, if you disagree with the reconsideration. Ask in writing within 60 days.
- 3 · Appeals Council
A review of the judge's decision. Ask within 60 days after you receive the hearing decision.
- 4 · Federal court
A civil suit in U.S. District Court, filed within 60 days after you receive the Appeals Council's notice.
What happens at the hearing
- You can attend in person, by telephone, by video at an SSA office, or by online video from a private place you choose.
- The judge swears in everyone, listens to your testimony and any witnesses, and may ask you and the witnesses questions.
- A hearing reporter records the hearing. A medical expert, a vocational expert or an interpreter may also take part.
- You can submit new evidence, look at the evidence used in the decision, and present and question witnesses.
- You can bring a representative.
How to prepare for the hearing
- Look at your file. You can examine the evidence used in the decision. Note what is missing.
- Send new evidence. New medical records or statements can be submitted.
- List your providers and treatments. Names, dates and what each one found, so your answers are consistent.
- Practise out loud. Describing your daily limits to a judge is harder than it sounds.
Can I handle this on my own, or do I need a lawyer?
You can appeal on your own, and you can also bring a representative to the hearing. If the claim is complex, or you were denied more than once, talk to a disability lawyer or a legal aid office before the hearing.
Common questions
How long do I have to appeal a disability denial?
Generally 60 days after you receive the notice of the decision, at each level of appeal.
What are the levels of appeal?
Reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and federal court review.
How is the disability hearing held?
In person, by telephone, by video at an SSA office, or by online video from a private place you choose.
Official sources
Related
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.