If you were denied Social Security Disability Insurance or Supplemental Security Income, you can appeal the decision (several times, if necessary). While some applicants get approved on the first try, many others receive benefits only after going through the appeals process. This process can take time, so it’s important not to give up.
There are time limits for every step of the appeals process. If you disagree with a decision, you need to request the next level of appeal as soon as possible. Here are the steps:
If you disagree with the first decision about your eligibility for benefits, or if the Social Security Administration changes your benefit amount and you disagree, you can appeal through reconsideration.
How: Request reconsideration by sending SSA a signed note with your Social Security number, stating that you wish to appeal the decision. Or complete Form SSA-561, Request for Reconsideration or Form SSA-789, Disability Cessation Appeal.
When: Make the request within 60 days of when you received written notice of the denial or change. If you request reconsideration within 10 days, and you currently receive benefits, you will continue to receive payment until SSA makes a new decision, as long as your income and resources don’t exceed SSA’s limits.
The reconsideration process takes about 90 days.
If you disagree with the reconsideration decision, request a hearing before an administrative law judge. You may review your file, submit new evidence and present your own testimony at the hearing. The judge might ask you to have additional medical exams and tests.
Because these hearings are in person, it is important to attend. Otherwise, you could lose your appeal rights and benefits. If you can’t make the hearing, contact the judge as soon as possible before the hearing and explain why.
How: Write to SSA requesting an administrative law judge hearing or complete Form HA-501, Request for Hearing.
When: Make the request within 60 days after you receive notice of reconsideration.
The hearing process will take 15 to 18 months.
If you disagree with the judge’s decision, you may request an Appeals Council review. The Appeals Council will select the cases it wishes to hear. You can submit new evidence beforehand.
How: Write to SSA requesting an Appeals Council review or complete Form HA-520 (Request for Review of Hearing Decision/Order).
When: Make the request within 60 days after you get the hearing decision.
The appeals council decision will take six to nine months.
If you disagree with the appeals council, you can file a civil action with the U.S. District Court in your area.
The court will decide whether to overrule SSA’s decision by granting you benefits or by sending your case back to the ALJ for another hearing, which is more often the case.
A federal court decision will take 15 to 18 months.