SSDI Appeals Process: How to Move Forward After a Disability Denial

So, you were denied Social Security Disability Insurance (SSDI) benefits. Only 30-40% of SSDI claims are approved on first submission.

This SSDI appeals guide will help you understand the social security appeal form and the four stages of appealing – reconsideration, a hearing with a judge, and reviews by the Appeals Council or federal court.

Here’s what the SSDI appeals process looks like and what you can do next.

Filing a Request for SSDI Reconsideration

The Social Security Administration (SSA) denies 60% or more of initial applications for disability insurance. You may have waited six months to a year for this decision, so a denial can feel incredibly disheartening. But you have the right to appeal the decision with a request for reconsideration. Don’t give up.

Your appeal will address the reason for denial stated in your letter. This step is part of the overall SSDI appeals process. The SSA may need additional evidence or want you to correct inconsistencies. It may order a Consultative Examination (CE) if you lack sufficient medical evidence. For the CE, you’ll have a physical or mental health examination. The SSA sets this up and pays for it. (A CE may be ordered at any stage in the disability benefits application or appeals process.)

Once corrected and resubmitted, your disability application and medical evidence will be reviewed by a new examiner with the Disability Determination Services (DDS). After reconsideration, your case will either be approved, or if denied again, you can request a hearing with an administrative law judge (ALJ).

Please note, it can be six months or longer for the SSA to confirm your reconsideration request.

SSDI Denial Reasons That Can’t Be Appealed in the SSDI Appeal Process

Some SSDI denials cannot be appealed. For example, if you don’t have enough Social Security work credits, you aren’t eligible for SSDI. (You earn credits when you pay into Social Security through work. You need 40 to qualify.)

Your case will also be denied if you earn more than the Substantial Gainful Activity (SGA) limits, which in 2026 is $1,690 a month or $2,830 if you’re blind, gross income.

If you don’t have enough work credits, you can apply for Supplemental Security Income (SSI), a federal program for people with limited income.

If you applied for SSI and were denied, the appeal process is the same as the SSDI process in this guide.

Completing the SSDI Reconsideration Form (SSA-561-U2)

You’ll need to complete three forms to file for reconsideration:

• Form SSA-561-U2 Request for Reconsideration is where you’ll explain why you disagree with the decision and submit any new medical evidence.
• Form SSA-3441 Disability Report – Appeal is similar to your initial application and where you can describe changes to your condition, medications, treatment, evaluations, or hospitalizations.
• Form SSA-827 Authorization to Disclose Information allows your providers, former employers, and people who know you to tell the SSA about your condition and how it affects you.

You can submit the forms online, in person at your local SSA office, or mail them to the address on your denial letter. As with your initial application, it’s important that your medical records and statements are consistent.

SSDI Appeal Deadline: Your 60-Day Window

It’s also crucial to file your appeal within the required 60-day window. The SSA begins counting the 60 days five days after your denial letter was mailed (unless you can prove it arrived later).

If you have a good cause for missing this deadline, such as an illness, hospitalization, or misunderstanding, you can request an extension in writing and explain why you missed the deadline. The SSA may grant an extension or require you to start over with a new application.

SSDI Reconsideration Checklist for Your Appeal

The SSA’s disability appeal checklist helps you provide all the needed information. Items on the checklist:

Personal Information

• Name, Social Security number, address, and phone.
• Date of denial decision.
• Representative’s name, address, and phone number.

Medical Information

• Name, address, and phone number of a friend or relative who knows about your condition.
• Description of changes to your condition and any new conditions.
• Names, addresses, phone numbers, and visit dates for new evidence including health care providers, types of treatment, and tests.
• Names of medicines you take (prescription and over-the-counter), why you take it, side effects, and the recommending or prescribing doctor’s name(s).
• Description of changes in your daily activities, work, or education.

Supporting Documents

• Any medical reports, forms, or written statements related to your disability. Online, the SSA will ask if you’d like to submit additional documents (use doc, docx, tif, tiff, or pdf formats). In person, the SSA will give you a cover sheet for submitting documents.

What Changes During the SSDI Reconsideration Process

As mentioned above, your case will be reviewed by a different DDS person. They’ll evaluate your new evidence, including a new or updated Residual Functional Capacity (RFC) assessment. The RFC explains what you can still do despite the limitations of your disability.

For stronger evidence, you can submit new testing or imaging, witness statements of your limitations, progress notes showing lack of improvement, expert opinions, and examples of things in the RFC.

If you feel overwhelmed about getting these new records and statements or completing the forms, a disability advocate can help you do these and meet the deadlines.

Administrative Law Judge Hearing

If your case is denied on first appeal, you have the right to request a hearing with an administrative law judge. Similar to the first appeal, you have 60 days from the date of your denial to submit the request for an ALJ hearing form.

The good news is that many people get approved for disability benefits after the ALJ hearing in SSA's Office of Hearings Operations (OHO). Approval rates vary across states, yet about half of claims are approved at this stage. (Approvals at this stage vary by hearing office and judge.)

Unfortunately, depending on the court’s backlog, it may be six months to a year before your ALJ hearing. 

Read More: Common Questions to Prepare At Your ALJ Hearing 

What Happens in an SSDI Hearing

In these private SSDI hearings, a judge will review your case, ask you questions, get testimony from medical or vocational experts, and decide your case based on evidence.Since it’s a conversation, you and the experts can explain how your disability limits your ability to work.

A VE provides impartial testimony about your medical limitations and ability to work. The ALJ will ask the VE hypothetical questions like “given the claimants specific medical limitations, what jobs could they still perform.”

When the judge asks you questions, it’s important to be honest and specific, yet answer only what’s asked (don’t over-explain). Your testimony must be consistent with your application and medical information. If you have a disability advocate, they can present your case and advise you how to best answer the judge’s questions. The ALJ hearing typically takes 30 minutes to an hour but can run longer.

On average, it may be 60 to 90 days before you get the ALJ decision, but it can take longer.

SSDI Appeals Council Review and Federal Court Options

In some cases, an ALJ hearing request is denied. If you get an ALJ hearing, a decision can be unfavorable (denied), partially favorable, or approved. If your case is denied or partially unfavorable, you can request an Appeals Council review. You can do this online, by fax, or by mail within the standard 60-day period after receiving the ALJ decision. This stage is another part of your Social Security appeal.

The SSA prefers you use the online process AC iAppeal if possible. Click on the “Start an Appeal” button and follow instructions. You’ll need the information in the checklist above. Some supporting documents must be originals or certified copies. You can bring them to your local office or mail them.

If you prefer to request an appeal by fax or mail, complete form HA-520 and return it to the contact information provided with the form.

How the Appeals Council Review Can Help

When the Appeals Council reviews your disability case, it will review the ALJ’s decision for legal errors, procedural issues, and insufficient evidence. It’s worth noting that the Appeals Council rarely overturns a decision.

After reviewing your case, the Appeals Council may return it to an ALJ for further review. If the council denies your request, then it believes the ALJ’s decision was correct. You’ll get a copy of the council’s final action on your case either way.

Please note, it typically takes six months to a year to get the decision. 

SSDI Federal Court Review

Lastly, if you don’t agree with the Appeals Council decision, or that court decides not to hear your case, you can file a civil suit with a U.S. District Court. You’ll need to file a lawsuit with the judicial district where you live or do business within 60 days after receiving the Appeals Council decision. Depending on the court’s backlog, it can take a year to three years to get a court date. Legal counsel is highly recommended at this stage.

Does Advocate Help at This Stage?

To file a civil action, you’ll pay the filing fee and send the SSA copies by certified or registered mail of the filed complaint and summons issued by the court. This SSA resource on federal district court review provides more information about filing and finding your local district office. Advocate’s disability experts do not handle federal claims.

Getting Help with the SSDI Appeals Process

A disability advocate or lawyer can help you with the appeals process for SSDI or SSI. They can help you meet deadlines, collect strong evidence, complete forms correctly, and meet strict deadlines. Additionally, they’ll communicate with the SSA and advise you on hearings.

Both work on contingency, which means they only get paid if you win (max $9,200 or 25% of your backpay). When approved, your backpay will be a lump sum of benefits. This lump sum will be from the date of your application to the date of your approval for SSI. 

For SSDI claims, back pay may include benefits for up to 12 months before the application date if you can prove you were disabled during that time.

If you need to appeal, Advocate’s experts are here for you. We can help with every stage except federal court.

Talk to us free of charge today.