Our Services
Existing Claim Help
Resources
If you got an unfavorable decision at a disability hearing with an Administrative Law Judge (ALJ), the next steps can feel intimidating. The wording in SSA letters might sound like legal speak and it may be hard to tell what options you have.
This article explains where the Appeals Council and federal court fit in the appeals process, what each one reviews, and what the outcomes may be. You’ll also get an appeals timeline, a simple decision framework, and a glossary of terms.
Social Security disability cases move through set appeal levels, in order. In later stages, you are asking for reviews of earlier decisions, not starting over.
The appeals process after an initial denial:
Most cases end before the last two steps. Appeals Council reviews and federal court are less common and usually slower than reconsideration and ALJ decisions. That doesn’t mean they’re not worth pursuing.
Each step has a specific purpose and different limits. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims follow the same appeal levels. SSDI is based on your work history. SSI is based on financial need. Appeals Council and federal court reviews work the same way for both.
If you received an ALJ denial, requesting an Appeals Council review is one of your next options. You could also start a new application (more about that below). If you received an Appeals Council denial or refusal, federal court is your next option.
The Appeals Council is part of the Social Security Administration (SSA). Requesting a review from the council is the last step before a federal court review. The Appeals Council looks at your request for review and decides whether it will take a closer look at the ALJ decision.
An Appeals Council review is not another disability hearing. The council doesn’t take new testimony or reweigh everything from the hearing. It focuses on whether the ALJ decision followed SSA rules, if the judge’s reasoning is supported by the record, and if there’s new evidence for the same timeframe that wasn’t available at the hearing.
The Appeals Council can take a few different actions. It can deny a review, which means the ALJ decision stands. If it grants review, it can issue its own decision or send the case back to an ALJ for more work, which is called a remand.
An ALJ decision may summarize a treating doctor’s opinion about your limitations, but give no clear reason for rejecting it. A request for Appeals Council review would flag the missing explanation as a problem in the decision.
Not every error in an ALJ decision qualifies for an Appeals Council review. A qualified disability representative can help determine whether an issue meets the review standards in your case.
In general, a request for an Appeals Council review deadline is 60 days after you receive the ALJ decision. The SSA presumes you received the decision within five business days of notice’s date, so you have 65 days.
The SSA accepts Appeals Council requests in writing. You can submit your request online, by mail, or in person at a Social Security office. Follow the instructions on your notice, submit early, and keep proof of what you sent and when you sent it.
If you are close to the deadline, file the request first. You can then submit a short written statement explaining the error and any additional material the SSA specifically allows.
Quick checklist to protect your deadline:
An Appeals Council review is often slow, taking six months to over a year. The wait depends on backlogs and how many records are in your file.
A long wait does not predict the outcome. If your contact information changes while you wait, report it so you do not miss notices.
At the Appeals Council stage, the outcome that helps most often is a remand. A remand sends your case back to an ALJ for another review or hearing, with specific instructions to fix an identified problem.
A remand isn’t an approval. Some cases are approved after remand, and others are denied again. The benefit is that it reopens your case and requires the issue flagged by the Appeals Council be reviewed.
Check your SSDI eligibility in a few minutes.
No cost to start.
Talk with our team about your situation. We'll walk you through what comes next.
Get EvaluationSee what documents you need. We'll help you get everything in place.
Get EvaluationNot sure what that SSA letter means? We can review it with you.
Get EvaluationGet support from a team that handles the paperwork and follows through.
Get EvaluationIf the Appeals Council denies your request for review or issues a decision that still denies benefits, the federal court is the next level of appeal. Federal court is the final step under SSA rules. It’s different from other appeals because the court reviews whether the SSA followed the law, not if you meet the medical criteria for disability.
In a U.S. District Court case, you’re asking the court to review what the SSA already did. The judge focuses on the administrative record and the written arguments. It’s about paperwork not a hearing with witnesses.
The court reviews whether the decision followed the rules and if there is enough support in the existing record for the findings. The court is not redoing your disability exam from the beginning.
A federal court has limited options when it reviews an SSA case. It can affirm the decision, which means the denial stands. In very rare cases, it reverses the decision and orders benefits. Most often, it sends the case back to the SSA for another review or hearing.
Federal court review is limited to the records already in your SSA file. New medical evidence is not added at this stage like it can be during other appeals. If important records came in after the ALJ decision, a new application may be a better option.
Not every denial can go to federal court. Federal court is available only after the SSA issues its final decision.
To file in federal court, you must go through the SSA’s internal appeals first. That means you requested an Appeals Council review and were denied a review or got an unfavorable decision after review.
Your notice says what comes next. If your notice says you may file a civil action, you are eligible to file in federal court. Protect the deadline by filing a civil action even if you are still deciding what to do.
The 60-day deadline matters because court filing rules are strict. If you miss the deadline, you can’t file. Mark the date on your calendar and set reminders so you don’t miss it.
This section explains the general process, not filing instructions for your case. Each federal district court has its own filing and service rules, which are available on the court’s website. The SSA also provides general guidance on filing a civil action after the Appeals Council.
Before you start, gather the documents that show the history of your case. You don’t need every medical record, just the items showing what the SSA decided and when.
Helpful documents:
Privacy tip: Do not include your full Social Security number unless the court requires it. Courts often use partial numbers or redaction rules.
Federal court requires a filing fee. The base civil filing fee is $350 and most courts add administrative fees so the total filing fee is typically higher than $350.
If you cannot afford the fee, you can ask the court to waive it by filing an in forma pauperis request. The court provides a standard fee waiver form. Many people ask for a fee waiver.
Pro se means you represent yourself without a lawyer. If you are representing yourself, many courts provide guidance on their websites.
If you’re thinking about filing pro se, look for these resources on your district court’s website:
After you file, the case may have long quiet periods followed by short deadlines. The normal process is that the SSA files the record, both sides submit written briefs, and then the court issues a decision.
The SSA files the administrative record with the court. This is the full record from your SSA case, including medical evidence, the hearing transcript, and written decisions.
Written briefs follow. Your brief explains what you believe went wrong in the SSA decision and the outcome you are seeking, based on your evidence. Then, the government files a response and sometimes a reply brief follows. Finally, the judge reviews the record and the briefs before making a decision.
Timing depends on the court and the case but most Social Security cases in federal court take a year to two years. Delays reflect court workload and scheduling, not the strength or weakness of the case.
Timelines of the process:
Social Security cases in federal court are decided based on written filings, not in-person court appearances. Oral argument (when lawyers answer questions) is uncommon and limited to legal questions, not new testimony.
It’s helpful to understand what the terms in federal court outcomes mean. The two most common are affirmed and remanded.
If the court affirms the decision, the SSA denial stands. After a long process, this can feel final and discouraging. You may be able to appeal to a higher court, file a new application, or both.
This is a good time to ask a disability specialist about your options.
When a case is remanded, the court sends the case back to the SSA for another review or hearing. This is a common and positive outcome in Social Security federal court cases.
A remand means the court found a problem with how the SSA handled your case, such as how evidence was evaluated or how the decision was explained. It doesn’t mean you’re approved. It means the SSA must take another look following instructions from the court.
In very rare cases, a federal court orders benefits directly. In most cases, though, the court sends the case back to the SSA to correct an error instead.
You might want to know your chances of success at this stage because federal court takes so much time, energy, and patience. It helps to understand what success looks like at this stage.
Since it’s unlikely you’ll be approved at this stage, a remand is a win because the SSA has to reopen the case and address an error. A remand can lead to an approval, but it can also lead to another denial.
If your case is remanded, filing a new application might make sense if your condition has gotten worse or changed since the ALJ hearing.
Federal court review focuses on process and legal standards, not new evidence. Arguments tend to be stronger when they point to common problems like:
An issue only matters if it could change the outcome under the SSA’s rules. A qualified disability professional can review your case and explain which arguments are strongest, if any.
In federal court, the question is not whether the SSA was correct, but if the decision was supported. That’s why remands are common.
After an Appeals Council denial, you may wonder if you should keep appealing, file a new application, or do both. The answer depends. Did your condition get worse since the ALJ decision? If so, a new application based on your condition now might move faster than an appeal at this stage.
Filing a new application makes sense if your condition worsened after the hearing, you have strong, new medical records that were not part of the hearing, or you’ve developed another disabling condition since the hearing.
Reapplying changes your filing date and how back pay is calculated. In some cases, a new application can move forward while a federal court case is still pending. If you’re unsure, talk to a disability expert.
Federal court may be worth considering if the decision overlooks key evidence or contradicts your file. Plus, it can help you keep your original filing date instead of resetting it with a new claim.
Federal court is the final appeal step. If your notice says you may file a civil action, decide as soon as possible if you will so you don’t miss deadlines.
Use this checklist to help decide your next steps:
If you are helping a family member and talk to a disability expert, use this checklist to explain the situation.
To learn more about the Appeals Council and federal court review, go to the SSA’s website.
Your U.S. District Court website is the main source for local rules, required forms, and help filing. U.S. Courts also provide standard fee-waiver (in forma pauperis) forms. Many court clerk offices also publish guides for self-representing.
If cost is a barrier, legal aid or pro bono programs may be available.
Check your SSDI eligibility in a few minutes.
No cost to start.
Talk with our team about your situation. We'll walk you through what comes next.
Get EvaluationSee what documents you need. We'll help you get everything in place.
Get EvaluationNot sure what that SSA letter means? We can review it with you.
Get EvaluationGet support from a team that handles the paperwork and follows through.
Get EvaluationYou have 60 days from when you receive the Appeals Council notice or 65 days from the date on the notice. The SSA presumes you received the notice within five business days of its date. Mark the deadline on your calendar right away so you don’t miss it.
No. Federal court only reviews the record that already exists. If you have strong new evidence after an ALJ decision, you may want to reapply, either while filing a federal case or instead of filing a federal claim.
No. Social Security federal court cases are decided on written briefs and the record.
Remanded means the court sends your case back to the SSA for another review or hearing. It’s not an approval but another chance for approval.
It depends on your case. Federal court is about fixing errors made during the prior decision. A new application makes more sense if you have strong new evidence.
Substantial evidence: The rule federal courts use to review SSDI decisions. The judge asks whether enough evidence supports the SSA’s decision, even if other evidence disagrees.
Let us prepare your application so you're not managing the paperwork alone.
Get EvaluationConnect with an Advocate specialist who's with you from day one.
Get EvaluationBegin your claim with a team that knows the SSA process inside and out.
Get Evaluation