Reconsideration Stage

After your initial claim is denied, the first step is to request a reconsideration. Reconsideration involves a new review of your case by a different examiner to determine if the decision can be overturned.

• Deadline to file a reconsideration: 60 days from the date you receive the denial letter.

If you miss this 60-day deadline, you may need to start the process over, which could lead to significant delays. If the reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ).

Requesting a Hearing

If your reconsideration request is denied, you can move on to the next step: requesting a hearing before an Administrative Law Judge (ALJ). This is your opportunity to present your case in person, with the possibility of submitting new evidence or testimony.

• Deadline to request a hearing: 60 days from the date you receive the reconsideration denial letter.

If you miss this deadline, you will lose your right to a hearing and could face significant delays in your case. However, you may be able to request an extension if you can show good cause for why you missed the deadline.

Appeals Council

If your claim is denied after the ALJ hearing, you have the option to request a review by the Appeals Council. The Appeals Council will review the judge’s decision and determine whether it was legally correct.

• Deadline to request Appeals Council review: 60 days from the date of the ALJ's decision.

The Appeals Council will either deny your request for review, approve it and issue a decision, or send the case back to the ALJ for further review.

Federal Court

If the Appeals Council denies your claim or does not review it, you can take your case to federal court. This is the final step in the appeals process.

• Deadline to file a lawsuit in federal court: 60 days from the date you receive the Appeals Council's final decision.

Once in federal court, a judge will review your case, and there may be a decision in your favor or against you. Federal court cases can take a long time to process, but it’s your last option if all other appeals fail.

Can You Get an Extension?

In some cases, you may be able to get an extension for the appeal deadlines if you can show good cause. Examples of good cause might include:

• A medical emergency.
• Issues that prevented you from filing on time (such as a delay in receiving your denial letter).
• Mistakes made by the Social Security Administration (SSA).

If you need more time, it’s best to contact the SSA immediately and explain your situation. However, extensions are not automatically granted, and you will need to provide evidence of the reason for your delay.

Tips for Navigating the Appeals Process

• Stay organized: Keep track of all deadlines and documents. Having a clear record of your case and communication with the SSA will help you move through the process more efficiently.
• Respond promptly to SSA requests: If the SSA asks for additional information, respond as quickly as possible to avoid delays.
• Consider legal help: Disability attorneys are familiar with the appeals process and can help ensure you meet all deadlines and present your case in the best possible light.