Appeal After A Denial
If SSA denied your disability claim, you generally have 60 days after you receive the notice to ask for an appeal. Check your notice for the deadline and instructions.
Talk through appeal steps by phone
Call if all three are true:
- You worked in recent years.
- You stopped because of a health or medical condition.
- You're not working, not on leave and not job hunting.
No recent work of your own, or applying for SSI only? SSA can help you directly at ssa.gov.
Lines open Monday to Friday, 9am to 6pm Eastern.
A call does not file an appeal, extend a deadline or release benefit payments.
For new or denied claims. Already receiving SSDI or SSI? Use SSA's benefit services instead.
How the 60 days are counted
SSA assumes you received the notice five days after it was mailed, unless you can show it reached you later. If it arrived late, write down the date it came. Calling a phone line or reading a website does not extend the time limit. Read SSA's time limits for appeal.
The four appeal levels
SSA lists four chances to appeal. You may not have to go through all of them. You move to the next level if you disagree with the decision at the one before.
- Reconsideration. Start by asking SSA to reconsider its decision.
- Hearing. Ask for a hearing with an administrative law judge if you disagree with the reconsideration.
- Appeals Council. Ask the Appeals Council to review the judge's hearing decision.
- Federal court. File an action in U.S. District Court if you disagree with the Appeals Council's response. SSA notes there is a fee to file a civil suit in federal court.
If the 60 days have passed
You must have a good reason to ask for an appeal after more than 60 days. Explain why you are late and ask SSA to extend the time limit. SSA decides whether to allow it. Staff at a Social Security office can explain further and help you file a written request for more time.
Thinking of starting over instead?
A new application is not an appeal. Before you refile, compare reapplying with appealing.
Getting help with an appeal
SSA says you may choose an attorney or other qualified person to help with your appeal. If you have trouble finding a representative, people at a Social Security office can help. Before you agree to representation, read how SSA approves representation fees.