To appeal a denied SSDI claim, you ask the Social Security Administration (SSA) to review it within 60 days of receiving the denial notice. There are four levels: reconsideration, a hearing before an administrative law judge, Appeals Council review, and federal court. Each level has its own form and its own 60-day deadline.
Most applicants are not approved at the first decision, so a denial is a common step in the process, not the end of it.
Appeal, do not reapply
When a denial letter arrives, it can be tempting to start over with a new application. In most cases, appealing is the better move, for two reasons.
It protects your back pay. An appeal keeps your original application date. SSDI can pay up to 12 months before the month you applied, plus every month after. A new application moves that starting point forward, and the months in between may be lost. SSI cannot pay for any month before you applied, so for SSI the loss is even more direct.
It moves your claim forward. A new application usually goes back to the same first-level review. An appeal moves you toward a hearing, where a judge looks at the whole record and hears from you directly.
Before you file, read the denial notice closely. It says whether you were denied on the medical question or on a technical rule (such as work credits or earnings), and it lists the evidence SSA considered. Missing providers or outdated records are the first things to fix.
Step 1: reconsideration
Reconsideration is a complete review of your claim by someone who did not make the first decision. It looks at all the evidence from the first review plus anything new you send.
How to file. For a medical denial, you can request reconsideration online at ssa.gov, or with Form SSA-561, Request for Reconsideration. SSA will also ask for updated information about your condition, treatment and providers.
What to add. List every provider you have seen since you applied, every new test and every change in medication. If your condition has gotten worse, say how.
What to expect. SSA’s performance data shows that in August 2026 the average processing time for disability reconsiderations was 212 days. Reconsideration reverses relatively few denials: for SSDI applications filed in 2021, SSA’s Annual Statistical Report on the SSDI Program, 2024, found that 13.9 percent of medical decisions at this level were allowances. Results vary and past outcomes do not predict any individual result.
That is why it helps to use the reconsideration stage to build the record you will need at a hearing.
Step 2: hearing before an administrative law judge
If reconsideration is denied, you have 60 days to request a hearing. You can do it online, or with Form HA-501, Request for Hearing by Administrative Law Judge. For a disability claim, SSA asks for another updated SSA-3441 and SSA-827 with the request.
The wait. Hearings take the longest to schedule. According to SSA’s Average Wait Time Until Hearing Held Report, in August 2026 the average time from hearing request to hearing held ranged from 7.0 months to 12.0 months across SSA’s hearing offices. You can look up your office on our hearing offices page.
The notice. SSA must send your hearing notice at least 75 days before the hearing date. It tells you the issues, the date and how you will appear.
How you appear. Hearings can be held by online video, by phone or in person. You can be represented by anyone you appoint, and your representative does not need to be local.
The evidence deadline. You must submit written evidence, or tell SSA about it, no later than 5 business days before the hearing. After that, the judge may decline to consider it unless an exception applies, such as a serious illness or evidence you tried hard to get but did not receive in time.
At the hearing. The judge will ask about your condition, treatment, daily activities and work history. A vocational expert, and sometimes a medical expert, may testify. You or your representative can question them.
Outcomes. SSA’s ALJ Disposition Data shows that from September 27, 2025 through August 28, 2026, administrative law judges issued 315,718 decisions, and 181,680 of them (57.5%) were awards. Rates differ by office and by judge. Results vary and past outcomes do not predict any individual result. The full breakdown is in our statistics report.
If your hearing is less than about 3 months away when you contact us, we usually ask SSA to postpone it so the case can be prepared properly. With 3 or more months, there is usually time without one. Our page on hearing representation covers how we prepare.
Step 3: Appeals Council
If the judge denies your claim, you have 60 days to ask SSA’s Appeals Council to review the decision. You can file online through SSA’s iAppeals system or with Form HA-520, Request for Review of Hearing Decision/Order.
The Appeals Council does not hold a new hearing. It reviews the judge’s decision and will grant review if, for example:
- the judge abused their discretion,
- there is an error of law,
- the decision is not supported by substantial evidence, or
- you submit new and material evidence about the period on or before the hearing decision, with a reasonable probability that it would change the outcome, and you show good cause for not submitting it earlier.
The Appeals Council can deny review, decide the case itself, or send it back to a judge for a new decision (a remand). Most requests are not granted: according to SSA, in fiscal year 2025 the Appeals Council granted review in 14,144 of 84,045 request-for-review dispositions, or 16.83%. Results vary and past outcomes do not predict any individual result.
Step 4: federal court
If the Appeals Council denies review or rules against you, you can file a civil action in U.S. District Court within 60 days after you receive notice of the Appeals Council’s action. SSA prepares the certified record of your case for the court.
This is a court case, not an SSA proceeding, and the court sets its own rules about who may appear. Social Security Disability Advisors handles claims at the initial, reconsideration, hearing and Appeals Council levels. We do not handle federal court cases.
Deadlines and what happens if you miss one
Every level has the same basic rule: you generally have 60 days after you receive the notice to appeal. SSA assumes you received the notice 5 days after the date on it, unless you can show it arrived later. In practice, that gives you about 65 days from the date printed on the letter.
If you miss a deadline:
- Ask for an extension right away. SSA will extend the deadline if you show good cause, such as a serious illness, a death in the family, records destroyed by accident, or not getting the notice. Explain the reason in writing when you file the late appeal.
- Do not assume it will be accepted. If SSA does not find good cause, the earlier decision becomes final, and the Appeals Council may dismiss a late request.
- A new application may be the only option. That usually means a new filing date and a smaller back pay window.
The safest approach is to file the appeal well before the deadline, then add evidence as it comes in. You do not need every record in hand to file. Our denied claims page explains how we can step in after a denial.
Common questions
How long do I have to appeal an SSDI denial?
Generally 60 days after you receive the notice, and SSA assumes you received it 5 days after the date on the letter.
Can I appeal online?
Yes. SSA accepts reconsideration and hearing requests online for medical denials, and Appeals Council requests through iAppeals.
Should I reapply instead of appealing?
Usually not. Appealing keeps your original application date and moves you toward a hearing. A new application starts over.
Do I need a representative to appeal?
No. You can appeal on your own at every level. Our guide on who can represent you explains SSA’s rules and how fees work.