What Is an Unfavorable Disability Decision?

An unfavorable decision means that, after a hearing with an Administrative Law Judge (ALJ), the judge determined that you do not meet the SSA’s definition of disability and denied your claim. The judge’s written decision will include:

• A summary of your hearing
• The judge’s evaluation of your medical records and testimony
• The legal reasoning behind the denial

This decision may feel final, but it’s not the end of the road—you can still appeal.

Step 1: Understand the Judge’s Reasoning

Before filing an appeal, read the ALJ’s decision carefully. Look for:

• Whether they found your condition not medically severe enough
• If they believed you could still do your past work or other types of work
• Whether they disagreed with your doctor’s opinion
• If they felt your testimony was not credible

Understanding these reasons will help you identify what to focus on during your appeal.

Step 2: File a Request for Appeals Council Review

To continue your appeal, you must submit a Request for Review to the Social Security Appeals Council within 60 days of receiving your unfavorable decision.

The Appeals Council can:

• Approve your claim
• Send your case back to the ALJ for another hearing
• Deny your request for review

You can submit the request online or by mail. Make sure to include:

• Any new medical evidence
• A detailed letter explaining why the ALJ made an error
• Legal or factual arguments that support your case

Step 3: Provide New or Updated Evidence

If you’ve had new treatments, diagnoses, or worsening symptoms since your hearing, submit this evidence with your appeal. The Appeals Council typically won’t consider new evidence unless it:

• Is relevant to the time before the judge’s decision
• Provides additional support for your disability claim
• Was not available at the time of your hearing

Updated records can make a huge difference—especially if the judge’s denial was based on a lack of medical support.

Step 4: Consider Legal Representation

Appealing to the Appeals Council is a complex legal process. Most successful claimants work with a disability attorney or advocate who understands:

• The legal standard the Council uses to review cases
• How to draft persuasive arguments and evidence summaries
• The best ways to identify errors in the ALJ’s reasoning

A lawyer can greatly improve your chances of success and take the pressure off your shoulders.

Step 5: Take It to Federal Court (if needed)

If the Appeals Council denies your request for review, your final option is to file a civil lawsuit in federal district court. This is a more formal legal proceeding and should only be pursued with an experienced Social Security attorney.

At this stage, a federal judge will review the SSA’s decision—not to make a new decision on your disability, but to determine whether the SSA made a legal error.