You generally have 60 days from the date you receive a decision to appeal to the next level. SSA presumes you received the notice five days after the date on it.
A different reviewer at Disability Determination Services looks at your file plus any new evidence. You generally have 60 days from the date you receive the denial to request reconsideration. Approval rates at this stage are typically low.
Level 2
Hearing before an Administrative Law Judge
Often 9–15 months from request to decision
If reconsideration is denied, you may request a hearing before an ALJ at the Office of Hearings Operations. This is the stage where many claimants first appear with a representative. You may submit new evidence, call witnesses, and answer the judge’s questions.
Level 3
Appeals Council
Often around 12 months
The Appeals Council may grant, deny, or dismiss your request for review, or remand the case to an ALJ. Review is generally limited to errors of law, abuse of discretion, or lack of substantial evidence.
Level 4
Federal district court
Often 12–24 months
After the Appeals Council action, you may file a civil action in U.S. District Court under 42 U.S.C. § 405(g). Court review is of the administrative record; it is not a new hearing on the medical facts.
You can appeal a denial through SSA’s four-level process. This campaign can help you understand the record and connect you with a representative for a hearing. Hearings explained
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