Stages of a Disability Appeal and Who Reviews It

Reconsideration

At this first level of appeal, your case is reviewed by a different claims examiner and medical consultant than the ones who reviewed your initial application. These SSA employees work in your state’s Disability Determination Services (DDS) office.

• They re-evaluate all submitted information
• You can submit new medical evidence
• They may contact you for more information

Goal: Get a fresh review of your claim with no bias from the original decision.

Hearing Before an Administrative Law Judge (ALJ)

If reconsideration is denied, the next step is a hearing. Your appeal is reviewed by an Administrative Law Judge who works for the Office of Hearings Operations (OHO).

• The ALJ is independent from the local SSA office
• They may call on medical and vocational experts
• You can present witnesses and testify yourself

This is your best chance to explain your case in person.

Appeals Council Review

If the ALJ denies your claim, you can ask the Social Security Appeals Council to review the decision.

• The Appeals Council consists of administrative appeals judges, staff attorneys, and analysts
• They don’t hold hearings
• They can uphold, reverse, or send your case back to the ALJ

They only review cases that may involve an error of law or procedure.

Federal Court Review

If the Appeals Council denies your request or upholds the ALJ’s decision, your final option is to file a civil lawsuit in U.S. District Court.

• A federal judge (not an SSA employee) will review the case
• This is a legal process, so you’ll need an attorney
• No new evidence is introduced here—only legal arguments

At this point, your case is out of SSA’s hands.