Social Security disability
How to appeal a disability denial
If Social Security says no, you can appeal. Each level has a 60-day deadline. Do not wait.
The deadline: 60 days, plus 5 for mail
You have 60 days to appeal each decision. SSA adds 5 days for mail. There are four levels: reconsideration, a hearing with a judge, the Appeals Council, and federal court. Every state now has the reconsideration step.
The 60 days count from the date you receive the notice; SSA assumes you receive it 5 days after the date on the notice unless you show otherwise.
1. Reconsideration
- Who looks at it
- A different person at the state agency (DDS) who did not make the first decision
- How to ask
- Ask online, or send Form SSA-561. For a disability denial, also send the Disability Report - Appeal (SSA-3441) and a new SSA-827.
- Other forms
- SSA-3441 (Disability Report - Appeal); SSA-827 (Authorization to Disclose Information to SSA)
- Deadline
- 60 days — the date you receive the notice (SSA assumes 5 days after the date on the notice)
- What happens
- Your whole file is looked at again, with any new evidence. For a review that stops your benefits (a cessation), use Form SSA-789 instead and you can ask for a meeting with a disability hearing officer.
2. Hearing with an administrative law judge (ALJ)
- Who looks at it
- An administrative law judge at SSA's hearing office
- How to ask
- Ask online or send Form HA-501. Tell SSA your reasons and what new evidence you will send.
- Deadline
- 60 days — the date you receive the reconsideration notice (5 days after the date on it)
- What happens
- SSA mails the hearing notice at least 75 days before the hearing. You may appear in person, by phone (audio), by video at an SSA office, or by online video if you agree. You can object to phone or SSA-office video in writing within 30 days of SSA's notice. Send or tell SSA about all evidence at least 5 business days before the hearing. Ask for a subpoena in writing at least 10 business days before. SSA gives free interpreters.
3. Appeals Council review
- Who looks at it
- SSA's Appeals Council
- How to ask
- Ask online (SSA's preferred way) or send Form HA-520. Send any new evidence with your request.
- Deadline
- 60 days — the date you receive the hearing decision (5 days after the date on it)
- What happens
- The Appeals Council may deny review, decide the case itself, or send it back to a judge.
4. Federal district court
- Who looks at it
- A U.S. district court judge
- How to ask
- File a civil lawsuit against the Commissioner of Social Security in the federal district court where you live. If you cannot pay the court fee, you can ask to proceed without paying (form AO 240 or AO 239).
- Fee waiver form (optional)
- AO 240 (Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form))
- Deadline
- 60 days — the date you receive the Appeals Council notice (5 days after the date on it)
- What happens
- The court reviews SSA's record. The filing fee is $350 plus a $55 administrative fee, unless the court waives fees.
If you miss a deadline
If you miss a deadline, ask in writing for more time and explain why. SSA looks at things like serious illness, a death in the family, lost records, wrong information from SSA, not getting the notice, or physical, mental, education, or language limits.
If the last day falls on a Saturday, Sunday or federal holiday, you get until the next business day, but don't wait.
Keep your benefits while you appeal
If SSA says your disability has ended after a review, you can ask to keep getting benefits while you appeal. Appeal and ask for continued benefits within 10 days of getting the notice (SSA allows 15 days from the notice date, counting mail). Use Form SSA-792. You make a new choice at reconsideration and again at the hearing. If you lose, you may have to pay the money back, but you can ask for a waiver. Medicare paid during the appeal does not have to be paid back.
- SSA-789 (Request for Reconsideration - Disability Cessation)
- SSA-792 (Statutory Benefit Continuation Election Statement)
Guides
Sources
- 20 CFR 404.901; 20 CFR 404.909; 20 CFR 404.933; 20 CFR 404.968; 20 CFR 422.210(c)
- 20 CFR 404.909; POMS DI 12005.001; POMS DI 12026.021
- 20 CFR 404.933; 20 CFR 404.935; 20 CFR 404.936; 20 CFR 404.938; 20 CFR 404.950(d)
- 20 CFR 404.968; 20 CFR 404.981; POMS GN 03104.100
- 20 CFR 422.210; 20 CFR 404.981; 28 U.S.C. 1914(a)
- 20 CFR 404.911
- POMS GN 03101.010
- 20 CFR 404.1597a; POMS DI 12027.001; POMS DI 12027.008; POMS DI 12027.010
Last checked: November 2026