Understanding the Appeals Process

When your disability claim is denied, you can challenge the decision through the appeals process. The SSA provides a specific timeline for how long you have to appeal, and it’s crucial to adhere to these deadlines to avoid losing your right to appeal. The disability appeals process typically involves four levels:

• Reconsideration: The SSA reviews your claim again based on new evidence or arguments you submit.
• Hearing by an Administrative Law Judge (ALJ): If the reconsideration is denied, you can request a hearing before an ALJ.
• Appeals Council Review: If you’re still denied after the hearing, you can ask the SSA Appeals Council to review your case.
• Federal Court: If all else fails, you can take your case to federal court.

How Long Do You Have to Appeal?

Once you receive the denial letter from the SSA, you generally have 60 days to appeal the decision. The 60-day period starts from the date the SSA sends you the decision notice, not the date you receive it. However, be aware that the notice will include a specific deadline, so check it carefully.

If you miss the 60-day deadline, you may lose your right to appeal the decision, but you can still request to reopen your claim in some cases. However, this process can be complex and often requires additional documentation.

The Four Levels of the Appeals Process

• Reconsideration: If you want to request reconsideration, you need to submit a Request for Reconsideration form to the SSA within the 60-day period. The SSA will review your claim again based on any new evidence or arguments you provide.
• Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). You will have the opportunity to present your case in person or via video conference. You have 60 days after the denial of reconsideration to request a hearing.
• Appeals Council Review: If the ALJ denies your claim, you can ask the Appeals Council to review the decision. The request must be made within 60 days of receiving the ALJ’s decision. The Appeals Council may either deny the request or send the case back for another hearing.
• Federal Court: If the Appeals Council denies your claim, you can appeal the decision to federal court. This step must be taken within 60 days of the Appeals Council’s decision.

What Happens if You Miss the 60-Day Deadline?

If you miss the 60-day appeal deadline, you may be able to request that the SSA reopen your case. However, you must show a good reason for missing the deadline, such as illness or other extenuating circumstances. The SSA will review your request, but there’s no guarantee it will be accepted.

If the SSA allows your case to be reopened, you can continue the appeals process as though you had filed on time. If your request is denied, you may need to start a new claim, which can be a lengthy and complicated process.