The four levels of appeal
| Level | Who decides | Deadline | Form |
|---|---|---|---|
| Reconsideration | Your state Disability Determination Services | 60 days from receipt of the initial denial | SSA-561 |
| Hearing | Administrative law judge at a hearing office | 60 days from receipt of the reconsideration denial | HA-501 |
| Appeals Council | SSA Appeals Council | 60 days from receipt of the judge's decision | HA-520 |
| Federal court | U.S. District Court | 60 days from receipt of the Appeals Council action | Civil action (no SSA form) |
Receipt is presumed 5 days after the date on the notice unless you show you received it later. The 5 days are not added on top of the day you actually received it.
How to file the appeal
- Read the denial letter: it says which level comes next and the date it was issued.
- File the appeal online at ssa.gov (reconsideration and hearing), or send the paper form to your local Social Security office.
- Complete the Disability Report – Appeal (SSA-3441) with any new doctors, treatments, tests and changes in your condition.
- Sign the SSA-827 authorization so SSA can request your updated medical records.
- Keep a copy of everything you send and the confirmation number.
If you missed the 60-day deadline
You can still file and explain in writing why you are late. SSA can extend the deadline for good cause, such as a serious illness, a death in the family or a letter you never received. If SSA does not accept the reason, you may have to start a new application.
Getting a representative
You can appoint a lawyer or a qualified non-attorney with form SSA-1696. Most representatives work on contingency: under a fee agreement, the fee is the lesser of 25% of your past-due benefits or $9,200. See representative fees.
Frequently asked questions
How long do I have to appeal a disability denial?
60 days from the date you receive the notice. SSA presumes you received it 5 days after the date printed on it.
Can I appeal online?
Yes. Reconsideration and hearing requests can be filed online at ssa.gov. Appeals Council review can also be requested online.
Should I file a new application instead of appealing?
Usually an appeal keeps your original filing date, which can mean more back pay. A new application starts from a new date.
How long does the whole appeal take?
It depends on the level. For the hearing stage, SSA reported an average of 261 days in FY 2026 through July 31, 2026. See wait times by office.