Appealing a Social Security decision
SSA denies about two-thirds of initial disability claims. Here is how to appeal.
The four levels of appeal
Level 1: Reconsideration
A different SSA examiner reviews your case. File within 60 days of your denial notice (plus 5 days for mail). Most reconsiderations also result in denial, but you must complete this step before moving to the next level. File at ssa.gov/appeals.
Level 2: Hearing before an ALJ
An Administrative Law Judge (ALJ) reviews all evidence and holds a hearing (in person, by video, or by phone). This is where most successful appeals happen. File within 60 days of your reconsideration denial. Wait times are typically 12–24 months.
Level 3: Appeals Council
If the ALJ denies your claim, you can ask the Social Security Appeals Council to review. File within 60 days. The Council may review, send back to an ALJ, or decline to review (which makes the ALJ decision final).
Level 4: Federal court
If the Appeals Council denies your request or you disagree with their decision, you can file a civil lawsuit in US District Court. File within 60 days.
Each level has a 60-day limit (plus 5 days assumed for mail delivery). Missing a deadline usually means starting over. File the appeal before gathering additional evidence — you can add evidence later.
Start your appeal at SSA.govShould I get a lawyer?
For ALJ hearings and above, a disability attorney or non-attorney representative significantly improves your chances. They work on contingency — no fee unless you win. By law, the fee is capped at 25% of back pay, up to $7,200.