How to Appeal a Denial of Social Security Benefits

If you are denied Social Security benefits, you have the right to challenge that decision (“appeal”). 

How do I appeal?

The written decision you’re appealing has instructions on how to appeal. For Stages 1 – 3, you can also appeal online at https://www.ssa.gov/benefits/disability/appeal.html.

What are the stages of an appeal?

There are 4 possible stages in the appeal process.

Stage 1: Request for Reconsideration. If your Social Security claim is denied, you have to file an appeal within 60 days . This is called a "Request for Reconsideration"		After the Reconsideration, Social Security will mail you a decision. If they deny you again, you have 60 days to appeal that decision to an Administrative Law Judge (Stage 2).
Stage 2: Hearing by an Administrative Law Judge. If you disagree with the Reconsideration decision, you can ask for a hearing by an Administrative Law Judge.		After the hearing, the Administrative Law Judge will mail you a decision. If the Judge denies you, you have 60 days to appeal that decision to the Appeal Council (Stage 3).
Stage 3: Review by the Appeals Council. If you disagree with the Administrative Law Judge's decision, you can ask for a Review by the Appeals Council.		After their review, the Appeals Council will mail you a decision. If the Appeals Council denies you, you can file a lawsuit in federal court (Stage 4).
Stage 4: Federal Court Review. If you disagree with the Appeals Council's decision or the Appeals Council decides not to hear your case, you can file a lawsuit in the U.S. District Court for the District of Columbia. There's a filing fee. If you can't pay it, ask for a fee waiver.		The Federal Court will send you a decision.

What if I miss a deadline to appeal?

If you miss an appeal deadline, the Social Security office will close your case. To try to re-open it, send in your appeal plus a written explanation of why you missed the deadline. Mail these two documents to your local Social Security office. You can find this address here. If Social Security thinks you have a good reason for missing the deadline, they may re-open your case.

Examples of good reasons: I never got the notice, I was sick, etc.

What if I have questions?

If you have any questions about your Social Security claim, you can find the contact information for your local Social Security office at https://www.ssa.gov/locator/.