Appeals & Reconsideration
How to Appeal a Denied Social Security Benefits Claim
Verified against SSA POMS as of July 28, 2026
The short answer
Appealing a denied Social Security benefits claim involves a few key steps. First, you may request a reconsideration, which allows a fresh review of your case. If still dissatisfied, you can request a hearing before an Administrative Law Judge. Typically, these appeals must be filed within 60 days after receiving your determination notice.
Requesting Reconsideration
A request for reconsideration is the first step in the administrative review process after an initial determination is made against your claim. It involves a re-examination of the evidence in your case, allowing you to submit additional documentation. You must typically file this request in writing within 60 days of receiving the initial determination. If you miss this deadline, you must provide a good reason for the delay to have your appeal considered. (see NL 00708.100)
NL 00708.100 View source ›Hearing by an Administrative Law Judge
If you disagree with the reconsideration decision, you may request a hearing before an Administrative Law Judge (ALJ). This request must also be made within 60 days from receiving the reconsideration decision. At the hearing, the ALJ will review your case, including any new evidence you provide. The hearing offers a more personal opportunity to present your case as you can meet directly with the judge. (see NL 00710.010)
NL 00710.010 View source ›Appeals Council Review
Should you be dissatisfied with the ALJ's decision, you can request a review by the Appeals Council. This step does not grant another hearing but allows you to challenge the decision based on its merits and procedures. If the Council decides to review your case, they can make a decision themselves or return it to an ALJ for further review. (see HBK 2000)
HBK 2000 View source ›Filing a Civil Action
If you disagree with the Appeals Council's decision or they refuse to review your case, you can file a civil action in a federal district court. This step is typically the final avenue of appeal if administrative levels are exhausted. Ensure this step is taken within 60 days of the Appeals Council's decision. (see DI 12026.001)
DI 12026.001 View source ›Frequently asked
How do I appeal a denied Social Security claim?
To appeal, first request a reconsideration within 60 days. If unsatisfied with that outcome, you can request a hearing before an Administrative Law Judge (ALJ). Further appeals can be made to the Appeals Council and finally to a federal court if necessary.
What happens after my Social Security appeal is denied?
If your appeal is denied at the reconsideration level, you can request a hearing with an ALJ. If denied again, you may appeal to the Appeals Council, and from there, you can file a civil action in federal court.
Can I submit new evidence during the appeal?
Yes, you can submit new evidence during the reconsideration and ALJ hearing stages of the appeal process to support your claim.
How long do I have to appeal a Social Security decision?
You generally have 60 days to appeal a Social Security decision at each stage of the process, starting from the date you receive the decision notice.
Can I get help with my Social Security appeal?
Yes, you can have an attorney or another representative, like a friend, help you with your appeal. Be sure to inform the Social Security Administration if you do so.