If you’re denied Social Security Disability Insurance benefits, you have the right to appeal that decision.
According to the Social Security Administration, nearly 80% of all SSDI claims are rejected at the initial level because of insufficient medical evidence, a lack of work history, or other issues.
That’s where SSDI appeals come in. The appeals process gives you the chance to present additional information and make your case for the benefits you deserve. In this article, we’ll walk you through the SSDI appeal process and explain how to escalate your claim step by step.
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In this article about how to file an SSDI appeal:
What to do if you’re denied disability
Once you receive an initial decision, read through it and make sure you understand why it was denied. Your disability may not have qualified for benefits, or you didn’t have a long enough work history. Claims are rejected for a number of reasons, but regardless of the reason, you may have options.
At this point, you may want to consider legal representation. You or your representative will be responsible for taking your case through the appeals process or even to court against the SSA and its lawyers.
If you still feel you should be awarded Social Security Disability Insurance (SSDI), you can start the SSDI appeal process. There are four stages, outlined below in order of escalation.
Reconsideration
The first step is requesting the Social Security Administration (SSA) to reconsider your initial application. An examiner from a Disability Determination Services office in your area will handle your review and issue a new decision. If you have additional medical evidence to submit, you can do so at this stage.
You can request reconsideration online, over the phone, by fax, or by mail. This must be done within 60 days of your initial denial.
Hearing
If you receive another rejection after reconsideration, the next step is to request a hearing with an administrative law judge (ALJ). You have 60 days to request a hearing after your reconsideration denial. The hearing can be held online, in person, or by phone. You can submit new evidence supporting your claim.
During an SSDI hearing, you’ll meet with a judge to discuss your case. Hearings involve several rounds of questioning about your medical history and disability. Some hearings may also include witness testimony, such as from a vocational or medical expert.
Appeals Council review
If you don’t win your benefits claim at the hearing stage, your next option is to request an Appeals Council review within 60 days of the hearing denial. At this point, you’re limited in what new evidence you can submit.
According to the SSA, evidence presented at this stage must be considered new, relevant, and significant enough to potentially overturn the ALJ’s ruling, and you must explain your good cause for why it hasn’t been submitted before.
Federal court
If all else fails, you can file a civil suit and take your case to federal district court for review within 60 days of the previous denial. This is your last option if you’ve been denied disability, and only about 1% of cases that make it this far are overturned.
To file a civil action, you’ll first need to locate your nearest U.S. District Court to file the appeal. Then you’ll need to send copies of your complaint and court summons to your nearest Social Security General Council office via certified or registered mail. An SSA lawyer will respond to your summons with an explanation for why you were denied benefits.
These proceedings generally don’t take place in person — arguments are made in written briefs.
How long do you have to appeal an SSDI denial?
Appealing a disability denial can take time, so it helps to get started as early as possible. You’ll need plenty of evidence and documentation to build your case.
Once you’ve received an initial decision denying your claim, you have 60 days to start the appeals process. A new 60-day deadline begins each time you receive a new decision on your appeal.
If you miss any deadline, you’ll have to reapply and start over. This means you could lose out on potential back pay the Social Security Administration may have owed you back to the date of your initial application, had your appeal been approved. Appealing on time keeps your original claim active, increasing your potential back pay.
How long does an SSDI appeal take?
It can take months or even years to receive a final decision on your SSDI benefits. Wait times can vary significantly depending on where you’re at in the appeals process.
According to the most recent SSA data, reconsideration decisions take an average of about 213 days. The average wait time for a hearing decision between 2024 and 2025 was about 285 days.
The SSA hasn’t published recent data on Appeals Council wait times, but expect at least a few months to receive a decision. If you end up filing a civil suit in federal court, it may take years before you get a final ruling.
Chances of winning an SSDI appeal
It’s worth appealing if you’ve been denied Social Security disability, but it’s not guaranteed to result in an award. Even after multiple appeals, many disabled workers still get denied. SSA data reveals the most recent award rates for SSDI appeals that reach each stage:
- Initial application: 34.6%
- Reconsideration: 12.5%
- ALJ hearing: 54.8%
- Appeals Council review: 1%
- Federal court: 1%
Working with an SSA-approved representative, including a licensed attorney, can help improve your chances. These representatives can help gather medical records and other evidence and speak to the SSA on your behalf.
How Woods & Woods can help
Having a disability shouldn’t mean losing your peace of mind. At Woods & Woods, we help individuals with disabilities connect with legal help. If you’re seeking SSDI benefits, call us today for a free case evaluation.
Talk to Us About Your Claim:
(812) 426-7202
Frequently asked questions
There are four main steps in the SSDI appeals process: reconsideration, hearing, Appeals Council review, and a civil suit in federal court.
Approval rates vary at each stage of the process, but generally speaking, only 12.6% of reconsideration requests are approved. About 54% of cases that receive a hearing are approved, and only 1-2% of Appeals Council reviews or federal civil suits end up winning.
Lori Underwood
Lori Underwood received her law degree from Northern Kentucky University. She previously practiced Social Security disability and personal injury law and was a juvenile court attorney.
She has been an attorney at
Woods & Woods since 2014.
