The Four Levels of the Disability Appeals Process

There are four stages in the disability appeals process, and while you can appeal multiple times, the chances of success vary at each stage. The process is as follows:

• Reconsideration: If your claim is denied, you can request reconsideration. This involves having your case reviewed by a different examiner who was not involved in the original decision. At this stage, you can submit new evidence to strengthen your claim.
• Hearing by an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is a more in-depth review of your case, and you’ll have the opportunity to present your case in person.
• Appeals Council Review: If the ALJ denies your claim, you can request a review by the Appeals Council. The Appeals Council will review the case to determine if the ALJ made a legal error.
• Federal Court: If the Appeals Council denies your case or decides not to review it, you can file a lawsuit in federal court. This is the final step in the appeals process, but it’s often the last recourse for individuals who have exhausted all other options.

How Many Appeals Can You File?

Technically, you can appeal as many times as necessary within these four levels of the appeals process. However, there are certain limitations:

• Reconsideration and hearing requests can be made as long as new information or evidence becomes available.
• The Appeals Council will review your case only once, but you can request them to review your case based on errors made at the ALJ hearing.
• After the Appeals Council review, the federal court is the last step, and no further appeals are possible within the SSA system.

Once your case reaches the federal court level, you cannot appeal further within the Social Security system. However, you may be able to appeal to a higher court if necessary, though this is rare.

Deadlines for Filing an Appeal

There are strict deadlines for each stage of the appeal process, so it’s important to act quickly if your claim is denied. Generally, you must file an appeal within 60 days of receiving the decision notice. If you miss the deadline, you may lose your right to appeal.