SSI Hearings and Appeals

How to Appeal an SSA Decision

There are four steps to appeal, in order:

1. Send a reconsideration request
2. Have a hearing with a judge
3. Go to the Appeals Council
4. Ask a federal court to look at your case

1. A reconsideration request

If you don't agree with the SSA's first decision, ask them to look at your case again. This is called a reconsideration request. You must ask for this in writing within 60 days of the SSA's notice (letter).

The easiest way to ask for a reconsideration is online at the SSA website. Select the “Start disability request” or “Start non-medical request” button and follow the instructions.

You can also download, print and send a form by mail or fax to your local Social Security Office.

If you get a SSA notice to change or stop your benefits, send your reconsideration request  within 10 days of the notice date. You still have 60 days, but if you wait more than10 days, your benefits can change while your case is pending. Your case may take more than a year.

2. A Hearing

If the SSA denies your disability benefits, they send you a notice. You have 60 days to ask for a hearing with an Administrative Law Judge (ALJ). You must ask for the hearing in writing. Any Social Security office can help you fill out the form to ask for a hearing. You can also write your own letter to ask for a hearing. If your English is not strong, ask for an interpreter for the hearing.

 If you don't want to go to the hearing but still want a judge to look at your case, you can ask the judge to make a decision based on the information in your file.

What if I'm late asking for a hearing?

If you don't ask for a hearing on time, you might not be able to appeal anymore. Go to your local Social Security office as soon as you can. Tell them why your appeal is late and why you want to appeal. They can help you write a request for more time to appeal.

What happens after I ask for a hearing?

After you ask for a hearing, your local Social Security office sends your file to an ALJ at the Office of Disability Adjudication and Review (ODAR). There's an ODAR in each New York City borough, and hearing offices throughout New York State.

How long will it take to schedule my hearing?

It may take more than a year before you have your hearing date. The SSA sends a letter that they received your request for a hearing.  

You can check with the ODAR every couple of months to see if your hearing has been scheduled. Ask your local Social Security office which ODAR has your file.

What will the hearing notice tell me?

The hearing notice will tell you the date, time, and location for your hearing. You'll get this notice at least 75 days before the hearing. If you can't make it to your hearing, contact the hearing office in writing as soon as you can. Do this at least 5 days before the hearing date (or within 30 days after getting the hearing notice, if that's earlier). Explain why you can't attend.

If you don't go to your scheduled hearing, you might lose your right to appeal and your benefits. Good reasons for needing a different hearing date might be:

• You're in the hospital or just got out
• A close family member died or is very sick
• Your representative can't come on that date
• You're still trying to find someone to represent you

Try to communicate with the hearing office as much as you can to keep your legal rights.

What happens at a hearing?

The hearing is your only chance to talk directly to the judge deciding your disability benefits. Do not miss it.

An Administrative Law Judge (ALJ) runs the hearing. The ALJ will:

• Look into your case
• Get documents
• Listen to what you and any witnesses say
• Let you or your representative ask witnesses questions
• Let you explain why you should get benefits

The ALJ might:

• Have you see a Social Security doctor
• Get more information from your doctors
• Ask for records that aren't easy to get

If you need an interpreter:

You can ask for an interpreter to be at your hearing. Ask for an interpreter when you first ask for a hearing. Check your hearing notice to see if it says an interpreter will be there. If it doesn't, call the ALJ's office and tell them you need an interpreter and what language you need.

If you want someone to represent you at your hearing:

You might want a lawyer, friend, or someone else to represent you. Some representatives charge money. Ask your Social Security office for more information about representatives and what they can charge.

Your Social Security office can also help if you have trouble finding someone or can't afford it. You can also use LawHelp’s free legal help directory to search for free legal help near you.

What happens after the hearing?

After the hearing, the ALJ mails their decision to you and your representative. In the letter, the ALJ explains their decision and how to appeal to the Appeals Council if you disagree. (Sometimes the Appeals Council reviews ALJ decisions that said yes to benefits. If the Appeals Council decides to review your claim on its own, they'll tell you and let you respond.)

3. Appeals Council Review Process

If you don't agree with the ALJ's decision, ask the Appeals Council to look at your claim by filing a "Request for Review of an ALJ decision." You must ask for this review in writing within 60 days from the date of the decision. Tell the Appeals Council about any new evidence when you ask for the review. You can ask for an Appeals Council review online.

You can also print out the form and send via certified mail with "return receipt requested" to help you prove you appealed on time.

Keep a copy of any letter or document you send to the Appeals Council. If you don't keep a copy and Social Security loses the one you sent, you might lose your appeal.

If you had someone represent you at your hearing, they could file your appeal to the Appeals Council. But talk to your representative about this – don't assume they'll do it automatically.

If you don't appeal on time, the Appeals Council might dismiss your appeal. This also means you might not be able to appeal to federal court later.

If you file your appeal late, you must explain why you're late and ask the Appeals Council for more time. Your Social Security office can help you write a request for more time. You need a very good reason for filing late.

What can the Appeals Council do?

The Appeals Council looks at the evidence the ALJ had and any new evidence you send. 

The Appeals Council can:

1. Refuse to review the ALJ's decision
2. Review the ALJ's decision, change it, and give you benefits
3. Send your claim back to an ALJ for another hearing and new decision

How long will it take the Appeals Council to decide?

It can take a long time for the Appeals Council to decide your case. During this time, you might not hear any updates about your appeal.

What if I don’t agree with the Appeal Council’s decision?

You can appeal to federal court if you don't agree with the Appeals Council's decision or if they refuse to review the ALJ's decision. You must file your lawsuit within 65 days from the Appeals Council's decision. There's a fee for filing a lawsuit in Federal district court.

You don't need a lawyer to file the court appeal. A special court office called the Pro Se Clerk's office for each district court can help you start the lawsuit. Don't miss the deadline just because you don't have a lawyer.

4. What will the Federal District Court do with my case?

During the appeal, the Federal district court will look at the evidence and the final agency (SSA) decision. The district court can:

• Send the case back to the agency
• Tell a judge to hold a new hearing and make a new decision
• Tell the agency to give you benefits
• Dismiss your case

Where can I find more information?

The SSA website has information about the SSI appeals process, including forms you can use.