About Appeals

SSA Appeal Levels

If Social Security denies an application for disability benefits, the applicant may request an appeal. Social Security has four appeal levels:

• Reconsideration
• Hearing before an Administrative Law Judge
• Appeals Council
• Federal Court

Reconsideration

• Reconsideration is an opportunity to have the application reviewed by different staff at Disability Determination Services (DDS) and to submit additional medical records and evidence.
• SOAR providers should feel comfortable assisting with Reconsiderations as there are similarities to an initial claim. You will submit supporting documents (medical records, Medical Summary Report (MSR), etc.) and DDS will use the same disability determination process.

Hearings before an Administrative Law Judge (ALJ)

• If SSA denies the reconsideration request, the applicant may seek further review of their claim by requesting a hearing before an ALJ.
• Hearings are scheduled with the Office of Hearings Operation (OHO).
• It can take on average, one year for the hearing to be scheduled. To avoid long wait times for ALJ hearings, representatives can request a Prehearing Case Review, an On-the-Record (OTR) Review, or an expedited hearing due to dire need.
• You do not need to be an attorney to assist someone at a hearing. However, most SOAR providers will not represent applicants at the ALJ level. Rather, you will connect applicants to advocates with more ALJ hearing experience, such as Legal Aid Advocates.

Appeals Council and Federal Court

• The third and fourth levels of appeal are less common.
• If the applicant disagrees with the decision made by the administrative law judge, they can ask for a Review by Social Security’s Appeals Council. While non-attorney representatives may assist, SOAR providers will typically advise applicants to consult with a legal services organization.
• If the applicant disagrees with the decision by the Appeals Council, they can file a lawsuit in Federal district court. Non-attorneys are not permitted to represent applicants at this appeal level.

Submitting Appeal Requests

• The request for Reconsideration/ALJ Hearing must be filed within 60 days of receipt of the initial/reconsideration denial notice. (The 60-day period begins 5 days after the date on the denial notice, to allow for mailing time).
• Late Filing: If the 60-day deadline is missed, you will need to submit a “Good Cause for Late Filing” request along with documents listed below to your SSA field office. This request can serve as a protective writing date (to establish a protective filing date) for a new initial claim if the applicant does not establish good cause for late filing.
• The request can be submitted in-person or online via iAppeals (recommended).

Submit In-Person

• Contact your SSA field office to arrange hand-delivery or fax.
• Submit the following paper forms and documentation*:
  • SSA-561: Request for Reconsideration (PDF) or HA-501: Request for a Hearing by Administrative Law Judge (PDF)
  • SSA-3441: Disability Report - Appeal (PDF)
  • SSA-827: Authorization to Disclose Information to SSA (PDF)
  • Other attachments (e.g., SSA-1696 Appointment of Representative Form (if not already filed at initial level), Medical Records, new/revised Medical Summary Report (MSR), and other documents)
  • You may also be asked to complete the HA-1151: Medical Source Statement of Ability to do Work-Related Activities (Physical)
• *Take a look at our sample completed appeal forms!

Submit On-line via iAppeals (Recommended)

• Go to https://secure.ssa.gov/iApplsRe/start
• Submit the following online forms:
  • i561: Request for Reconsideration or i501: Request for Hearing by Administrative Law Judge (ALJ)
  • i3441: Disability Report – Appeal
  • e827: Authorization to Disclose Information to SSA
  • iAppeals Application Utility for Attachments (e.g. SSA-1696, Medical Records, new/revised MSR and other documents)

Considerations for Filing an Appeal

Deciding to File

There are some circumstances under which filing an appeal may be more likely to result in an approval. 

• The applicant has an impairment that meets or equals a Listing, or has a combination of severe impairments which would preclude completing sedentary work, or any work in the national economy. 

• An applicant applied on their own and was denied for failure to cooperate, (e.g., they did not attend a consultative exam or respond to a request for more information). 

• You have obtained additional medical records, the applicant’s condition has worsened, or there is another diagnosis or condition to add to the appeal. 

Communicating with the Applicant

• Be sure to inform applicants of their right to appeal. Explain the process so they understand next steps. 

• Let applicants know as soon as possible if you are unable to assist them with an appeal. If possible, connect them to other agencies or SOAR providers that provide this service. Share the SOAR resource, SSA Appeals Process: Information for Applicants and Case Workers. 

Working with Attorneys and Non-Attorney Representatives

Attorneys or non-attorney representatives can be excellent advocates for individuals applying for benefits and appealing denials.

• If a representative is already involved with an appeal, see if you can help by providing additional evidence or documentation.
• If an applicant wishes to dismiss their representative, they are permitted to do so
• The representative may file a fee petition to SSA and, if benefits are awarded, receive partial payment based on work already completed at the time of withdrawal.  (This does not apply to SOAR providers who do not charge the applicant for their services.)
• See Prior or Pending Applications for more information