How long do I have to appeal a Disability decision?
By Hogan Smith
Updated 02/20/2025
If your Social Security Disability (SSD) or Supplemental Security Income (SSI) claim has been denied, it’s important to act quickly. While the denial can be disappointing, there is still hope through the appeals process. However, time is of the essence, and understanding the specific deadlines for appealing a disability decision is crucial. Here’s what you need to know about how long you have to appeal a disability decision and the steps to take to ensure your appeal is filed on time.
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60-Day Deadline to Appeal
Once you receive a denial notice from the Social Security Administration (SSA), you generally have 60 days from the date of the decision to file an appeal. This includes the date your denial letter was sent, not necessarily when you received it.
If you miss this deadline, your claim may be permanently closed, and you may lose your right to appeal, unless you have a valid reason for missing the deadline (such as serious illness or incapacity). If you have missed the 60-day deadline, you may be able to request an extension or reopen your claim under certain circumstances.
Filing the Appeal
You can file your appeal through the following methods:
- Online: You can file your appeal through the SSA’s website at www.ssa.gov.
- By Phone: Call the SSA at 1-800-772-1213 to request an appeal.
- In Person: You can also visit your local SSA office to file an appeal in person.
Be sure to provide any additional medical evidence or documentation that may help strengthen your claim during this stage.
Appeal Process Timeline
After you file your appeal within the 60-day deadline, the process may take several months, depending on which stage of the appeal you’re in:
- Request for Reconsideration: After you file your appeal, your case will be reviewed again by a different SSA official. This typically takes 3 to 6 months.
- Hearing before an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing. This may take an additional 12 to 18 months due to backlogs at many SSA offices.
- Appeals Council: If the ALJ denies your case, you can request a review by the Appeals Council, which may take several months to complete.
- Federal Court: If the Appeals Council denies your case, you can file an appeal with federal court, which may take another year or more to resolve.
The Importance of Timely Action
Meeting the 60-day deadline is critical for the success of your appeal. Failing to act within the specified time frame will likely result in a permanent denial of your claim. Therefore, it's vital to:
- Review your denial letter: Understand the reason for the denial and the appeal instructions.
- Gather necessary evidence: Collect any additional medical records or information that may help prove your disability.
- Seek assistance if needed: A disability attorney or advocate can guide you through the process and ensure your appeal is filed on time.
Extensions for Filing
In certain situations, you may be able to extend the 60-day deadline. These include:
- Serious Illness or Disability: If you were unable to file an appeal due to illness or medical condition, you may be eligible for an extension.
- Natural Disasters or Emergencies: Events like hurricanes, floods, or other natural disasters may provide grounds for a deadline extension.
If you believe you have a valid reason for missing the deadline, contact the SSA as soon as possible to explain your situation and request an extension.
How Hogan Smith Can Help
If you’ve missed the deadline or need help with your disability appeal, Hogan Smith is here to assist. We understand the complexities of the Social Security disability process and can guide you through filing your appeal within the appropriate time frame.
Our experienced team can:
- Review your case: We’ll help you understand the reason for your denial and develop a strategy to strengthen your appeal.
- Ensure timely filing: We’ll make sure your appeal is filed within the 60-day deadline.
- Gather supporting evidence: We can help you collect medical records and other necessary documentation.
- Represent you in hearings: If needed, we can represent you during hearings before an Administrative Law Judge (ALJ).
Contact Hogan Smith Today
If you’ve received a Social Security Disability denial and need help understanding your timeline for appeal, Hogan Smith is here to guide you. We offer free consultations and can ensure your appeal is filed correctly and on time.
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