Social Security Disability Appeals:
Understanding the Process
More than 60% of the initial applications are denied. But that's not the end.
The Social Security Administration (SSA) denies disability benefits to more than 60% of the initial applications it receives each year. If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) has been denied, don't give up. Fight back through the SSA appeals process.
Many applicants whose claims were denied win their benefits through an appeal. The SSA appeals process has four levels, but you don't have to go through all of them. You only need to continue until you receive a favorable outcome.
You have only 60 days from the date of a denial or unfavorable outcome to request an appeal to the next level of the appeals process. A missed deadline could end your right to appeal.
What Disability Decisions
Can You Appeal?
"You have the right to appeal more than just the denial of an initial claim for disability benefits. Most decisions and determinations made by the SSA may be appealed, including:
An overpayment determination and request for repaymentReduction of current benefitsTermination of benefits
You only have 60 days from the date of the notice of the decision or determination by the SSA to request an appeal. Social Security assumes you receive the notice five days after the date printed on it. "
Anyia – Representative
The Four Levels of the Social Security
Disability Appeals Process
The chart below summarizes the four levels of the SSA appeals process.
Detailed breakdowns of each stage follow the table.
| Level | What Happens | Typical Timeline | Approval Rate | ||
|---|---|---|---|---|---|
Reconsideration |
A new disability examiner reviews your claim with any updated medical evidence | 3–6 months | ~13–16% | ||
ALJ Hearing |
You appear before an Administrative Law Judge who reviews your case and hears testimony | 7–18 months | ~58–59% nationally | ||
Appeals Council |
A council reviews the ALJ decision for legal or procedural errors | 6–12 months | Low (most cases remanded or denied) | ||
Federal Court |
A federal judge or magistrate reviews the administrative record | 12 months or longer | Varies (most cases result in remand back to ALJ for reconsideration) |
Understand
the Process
Reconsideration is your first opportunity to challenge a denial. When you receive a denial notice, you have 60 days to request reconsideration.
A completely new team of examiners and consultants, who weren't involved in your original application, reviews your case with fresh eyes. This is your chance to submit any new information that supports your claim, including updated medical records and additional details about your disability.
If your denial was based on whether you meet the disability requirements, the Disability Determination Services office handles the reconsideration. They may ask you to attend a consultative examination with one of your doctors or an independent medical provider.
If your denial was based on non-medical reasons, such as not having enough work credits for SSDI, your local Social Security office handles the review. We can submit additional information and documentation to support your case.
In some situations, we can request that your appeal be prioritized. If you have a terminal illness, are facing homelessness, or are at risk of imminent eviction, you may qualify for an expedited hearing. We review your circumstances to see if this option is available to you.
Only a small percentage of reconsiderations result in approval. But don't be discouraged. The success rate at the next level (the hearing with an administrative law judge) is significantly higher, around 50%. Many people who are denied at reconsideration go on to win at the hearing level.
For more on what to do after a denial, see our what to do when denied disability page.
If reconsideration doesn't go in your favor, you have 60 days to request a hearing with an administrative law judge (ALJ). This is a person who hasn't been involved with your claim before and will take a fresh look at your case.
ALJs work for the Office of Hearing Operations (OHO). Your hearing will be held at one of their hearing offices or satellite locations throughout the country. If there's no hearing office near you, your hearing may be scheduled at a local Social Security office.
After reviewing the reconsideration results with you and answering your questions, we'll discuss whether appealing makes sense for your situation. If you decide to move forward, we file the request for a hearing.
Depending on the backlog at the hearing office, it could take several months to over a year before your hearing date. We stay in contact with OHO and keep you updated on your claim's status.
In some situations, we can request that your appeal be prioritized. If you have a terminal illness, are facing homelessness, or are at risk of imminent eviction, you may qualify for an expedited hearing. We review your circumstances to see if this option is available to you.
We gather all the documentation needed to support your claim, including current medical records. We also prepare a written brief (a summary of the facts and evidence) for the ALJ to review before your hearing. While briefs aren't required, we prepare them because they can help improve your chances of a favorable decision.
Before your hearing date, we make sure you're prepared. We explain what will happen during the hearing, what questions you might be asked about your medical condition, and how it affects your daily life. We spend as much time as you need to feel comfortable and confident.
Hearing-level approval rates vary by state, ranging from approximately 46% to 68%. Having an experienced advocate who knows your local hearing office's procedures and ALJ tendencies can make a significant difference.
If the ALJ's decision is favorable, your appeal is over and you've won. If the decision is unfavorable, you can request a review by the Appeals Council within 60 days.
The Council reviews your case to see if there was an error at the hearing level. They look for issues such as: whether the ALJ abused their discretion, whether the evidence didn't support the ALJ's decision, or whether the ALJ's decision conflicts with newly submitted evidence.
The Appeals Council can take several actions: deny your request for review, send your case back to the ALJ for a new hearing, dismiss your request as untimely, or issue a favorable, unfavorable, or partially favorable decision.
As we did for your ALJ hearing, we prepare a written argument explaining why the Appeals Council should decide in your favor. We also obtain updated medical records from your doctors and submit them to strengthen your case.
How Long Do Disability Appeals Take?
The total disability appeals process can take 12 months to over 3 years depending on how many levels of appeal your case requires and the backlog at your local hearing office. The following are estimated timelines for each level of the appeals process:
- Reconsideration: 3–6 months
- ALJ Hearing: 7–18 months (NC average: about 7–9 months)
- Appeals Council: 6–12 months
- Federal Court: 12 months or longer
Having an experienced advocate working on your behalf from the beginning reduces preventable delays. We make sure your medical records are complete, that deadlines are met, and that your case is ready when your hearing date arrives.
How Clauson Disability's Advocates
Help You Appeal Your Claim
Clauson Disability is a national advocacy organization headquartered in Durham, North Carolina. Our disability advocates represent claimants through all four levels of the SSA's administrative appeals process: reconsideration, ALJ hearing, and Appeals Council review. If your case reaches federal court, we connect you with a licensed attorney who handles federal disability appeals.
Our advocates handle the following
at every stage of your appeal:
File your appeal before the 60-day deadline
Gather and submit updated medical evidence
Prepare written briefs for the ALJ
Prepare you to testify at the hearing in response to questions from the ALJ
Represent you at your hearing (in person or by video at your local hearing office)
If needed, request expedited review for terminal illness, homelessness, or imminent eviction
Questions You Might Have About Your Disability Claim
You have 60 days from the date you receive the denial notice to file an appeal. The SSA assumes you received the notice 5 days after the date on the letter, so your effective deadline is 65 days from the letter date.
The four levels are: reconsideration (new examiner reviews your case), ALJ hearing (in-person hearing before a judge), Appeals Council review (reviews ALJ decision for legal errors), and federal court (a federal judge reviews the record).
The ALJ hearing level has the highest approval rate of any stage in the disability process, approximately 58–59% nationally. By comparison, only about 13–16% of claims are approved at reconsideration. Having an experienced advocate at your hearing significantly improves your chances of approval.
Yes. The SSA authorizes non-attorney representatives to represent claimants at hearings before Administrative Law Judges. Your advocate will prepare your evidence, prepare you for testimony, and present your case.
In most cases, you should appeal rather than reapply. Appealing preserves your original application date, which can result in more back pay if you are approved. Reapplying resets the clock on your claim, so you may lose potential months of benefits.
The total process can range from 12 months to over 3 years, depending on how many levels of appeal your case requires. Reconsideration takes 3–6 months, an ALJ hearing takes 7–18 months, and Appeals Council review adds 6–12 months.
Federal court review requires representation by a licensed attorney. If your case reaches this level, Clauson Disability refers you to a licensed attorney who handles federal disability appeals and facilitates a smooth transition.
There is no upfront cost. Our fee is 25% of your back pay if your claim is approved, capped at $9,200 by the SSA. If you don't win, you pay nothing.
Denied Disability Benefits? Don't Give Up.
A denial is not the end. Many people win their benefits on appeal, especially at the hearing level. Our advocates are ready to help you fight for the benefits you deserve. We're based in North Carolina, serving clients nationwide.
Get your free case review. Learn more about our disability advocacy services. No upfront cost.
Disclaimer: Clauson Disability LLC is a national advocacy organization. We are not a law firm and do not provide legal advice, legal services, or legal representation. If your case requires federal court review, we refer you to a licensed attorney. Every disability case is different, and prior results do not guarantee a similar outcome.
Clauson Disability is a national advocacy organization. We are not a law firm and do not provide legal advice, legal services, or legal representation. This website is an advertisement. Clauson Disability is a private organization and is not affiliated with, endorsed by, or connected to the Social Security Administration (SSA) or any other government agency. We provide non-attorney disability advocacy and support services and do not offer legal advice. Contacting us, submitting a form, or speaking with our team does not create an attorney-client relationship. By providing your contact information, you agree to our Terms & Conditions and Privacy Policy and consent to receive communications by phone, text, and/or email including through automated technology where permitted. Consent is not required as a condition of service. We do not determine eligibility or qualify any applicant for SSDI or SSI. Only the SSA determines eligibility and benefit amounts. $4,018 represents the maximum monthly SSDI benefit; actual amounts vary.
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