What are the steps in a disability appeal?
By Hogan Smith
Updated 05/06/2025
If your Social Security Disability claim was denied, you’re not alone—most initial applications are rejected. Fortunately, the Social Security Administration (SSA) offers a multi-step appeals process that gives you several opportunities to have your claim approved. Understanding each step is essential to successfully navigating an appeal.
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Step 1: Reconsideration
This is the
first level of appeal after your initial application is denied. You must request reconsideration within
60 days of receiving your denial notice.
- A different SSA reviewer will evaluate your case.
- You can submit additional evidence and clarify anything that may have been misunderstood.
- No hearing is involved at this stage—it's a paper review.
Tip: Be sure to include any new medical records or changes in your condition when filing for reconsideration.
Step 2: Hearing Before an Administrative Law Judge (ALJ)
If your reconsideration is denied, the next step is to request a hearing before an ALJ.
- The hearing gives you a chance to present your case in person (or via video).
- You can bring witnesses, including medical or vocational experts.
- The judge will ask questions about your condition, treatment, and how it limits your ability to work.
- A decision is usually mailed within a few months after the hearing.
Tip: This is a critical point in the process—many claims are approved at the hearing level if well-prepared.
Step 3: Appeals Council Review
If the ALJ denies your claim, you can request a review by the
SSA’s Appeals Council.
- The Council may decide to:
- Uphold the judge’s decision
- Send the case back to the judge for further review
- Reverse the decision entirely
- This review is typically limited to errors in how the law was applied or how the facts were interpreted.
Note: It can take several months to over a year for the Appeals Council to make a decision.
Step 4: Federal Court Review
If the Appeals Council denies your request or upholds the ALJ’s decision, the final step is to file a
lawsuit in federal court.
- You must file within 60 days of the final decision.
- This stage requires a formal legal process and typically involves an attorney.
- A federal judge will review the SSA’s actions for legal errors.
How Long Does the Disability Appeal Process Take?
- Reconsideration: 2–4 months
- Hearing before ALJ: 6–18 months
- Appeals Council: 12+ months
- Federal Court: Several months to 2 years
Because this process can take years, it’s important to file appeals on time and with strong supporting documentation.
How Hogan Smith Can Help
At Hogan Smith, we understand how frustrating and confusing the appeal process can be. Our experienced team can:
- Analyze why your claim was denied
- Help you gather and submit critical medical documentation
- Prepare you for your hearing and represent you before the ALJ
- Handle communications with SSA and meet all deadlines
- Take your case to the Appeals Council or federal court if needed
Contact Hogan Smith Today
If your disability claim has been denied, don’t give up. Contact Hogan Smith for a free consultation, and let us guide you through every stage of the appeal process. You don’t have to face this alone—we’re here to help you fight for the benefits you deserve.
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