What happens to your benefits while you appeal

If the Social Security Administration denies your SSDI claim, you keep no monthly payment while your appeal is pending—unless you were already receiving benefits and Social Security stopped them. The rules are different depending on whether you are appealing a denial or an overpayment decision.

If you were receiving SSDI and Social Security says you no longer may have access to, they will stop your monthly check. You can request that payments continue while you appeal, but Social Security almost never grants this. Your best option is to ask Social Security to keep paying you during the appeal process—this is called a "payment continuation request"—though approval is uncommon and requires showing you are likely to win on appeal.

If Social Security says you were overpaid (they gave you too much money), they will try to recover that money by reducing your future benefits or asking you to repay it. During an appeal, this debt does not disappear, and Social Security may continue taking money from your check to pay it back.

Key Takeaways

  • You have 60 days from the date on your denial letter to file an appeal, and missing this important date closes your case unless you have a good reason for the delay.
  • The first appeal step is called reconsideration, where a different Social Security examiner reviews your case from the start using new or additional medical evidence.
  • If reconsideration is denied, you can request a hearing before an Administrative Law Judge, which is where most people win their appeals.
  • You do not have to pay Social Security to appeal, but you can hire a lawyer or representative who takes a fee only if you win and receive back pay.
  • Back pay is the money Social Security owes you from the month you became disabled until the month they approved your claim, and your representative's fee comes from this amount.

The 60-day important date and what happens if you miss it

Your appeal must be filed within 60 days of the date printed on your denial letter. This is a hard important date. If you miss it, Social Security will close your case, and you will have to start over with a new process.

You can ask Social Security to reopen your case after the 60 days if you have "good cause"—meaning a reason Social Security considers acceptable for the delay. Good cause includes serious illness, a death in your family, or a letter from Social Security that confused you about the important date. straightforward forgetting or not understanding the important date usually does not count as good cause. If Social Security denies your good cause request, you can appeal that decision too, but it is much simpler to file within 60 days.

The 60 days starts from the date on your denial letter, not the date you received it. If your letter is dated March 15, your 60 days ends May 14. Check the date on the letter itself, not when it arrived in your mailbox.

How to file your reconsideration appeal

Reconsideration is the first appeal step. You tell Social Security you disagree with the denial and ask them to look at your case again. A different examiner will review everything—your original process, your medical records, and any new evidence you submit.

To file, you can visit your local Social Security office in person, call Social Security at 1-800-772-1213, or mail a written request. You do not need a special form. A straightforward letter saying "I disagree with the denial dated [date] and request reconsideration" is enough. Include your name, Social Security number, and the date of the denial letter.

This is the time to submit new medical evidence. If you have seen a doctor since you applied, send those records. If you have test results, hospital discharge papers, or a letter from your doctor describing your condition, include them. The more recent the medical evidence, the better. Social Security will not approve you based on your own description of your condition—they need records from a doctor or hospital.

Reconsideration usually takes two to four months. Social Security will mail you a decision letter. If they deny reconsideration, the letter will tell you that you can request a hearing before an Administrative Law Judge.

Requesting a hearing before a judge

If reconsideration is denied, you can request a hearing. This is where most people win their appeals. An Administrative Law Judge (ALJ) will review your case, look at your medical records, and may ask you questions about your condition and how it affects your ability to work.

You have 60 days from the date on your reconsideration denial letter to request a hearing. Use the same method as before: visit your local Social Security office, call 1-800-772-1213, or mail a written request. Again, you do not need a special form—a letter requesting a hearing is sufficient.

A hearing usually happens four to six months after you request it, though this varies by location. You will receive a notice in the mail with the date, time, and location. Some hearings happen in person at a Social Security office; others happen by video or phone. The notice will tell you which type yours will be.

You can bring a representative to the hearing—a lawyer, a non-lawyer advocate, or a family member. If you hire a lawyer, they will charge a fee only if you win. The fee is taken from your back pay (the money Social Security owes you from when you became disabled until they approved your claim). The maximum fee is 25 percent of your back pay or $7,200, whichever is less. You do not pay anything upfront.

What back pay is and how representative fees work

Back pay is the total amount of SSDI money Social Security owes you from the month you became disabled until the month they approved your claim. If you became disabled in January 2022 and Social Security approved you in March 2024, your back pay covers 26 months of benefits.

There is a five-month waiting period built into SSDI. This means even if you win, Social Security will not pay you for the first five months you were disabled. So if you became disabled in January 2022, your back pay starts in June 2022, not January 2022.

If you hire a representative and win your appeal, their fee comes directly from your back pay. You do not receive the full back pay amount—the representative's fee is subtracted first. For example, if your back pay is $20,000 and your representative's fee is $5,000, you receive $15,000 and your representative receives $5,000. Social Security pays the representative directly.

You can also hire a representative after you win. Some people represent themselves through the first appeal and hire a lawyer only if they reach the hearing stage. This is a valid choice, though having a representative at the hearing increases your chances of winning.

Appeals beyond the hearing stage

If the judge denies your hearing, you can appeal to the Appeals Council, which is part of Social Security. This is a paper review—you do not appear in person or by video. The Appeals Council looks at the judge's decision and the evidence in your file to decide whether the judge made an error.

You have 60 days from the date on the judge's decision letter to request Appeals Council review. The process is the same: visit your local office, call, or mail a written request. The Appeals Council usually takes six to twelve months to decide.

If the Appeals Council denies your appeal or does not change the judge's decision, you can file a lawsuit in federal court. This requires a lawyer and is expensive. Most people do not reach this stage. If you do, your lawyer can explain your options.

Overpayment appeals and repayment

If Social Security says you were overpaid, you have the right to appeal that decision too. You can argue that you did not receive the money, that Social Security made an error, or that you should not have to repay it because you relied on the payments in good faith.

While your overpayment appeal is pending, Social Security will usually continue taking money from your monthly check to recover what they say you owe. You can ask them to stop this, but they rarely do. You can also ask for a "waiver" of the overpayment—meaning you ask Social Security to forgive the debt. Waivers are hard to win and require showing that repaying would cause you severe hardship.

The appeal process for overpayments follows the same steps: reconsideration, hearing, and Appeals Council review. The same 60-day important date explore.

Frequently Asked Questions

Can I work while my appeal is pending?

Yes. Working does not affect your appeal. However, if you earn more than $1,550 per month (in 2024), Social Security may decide you can work and deny your claim. Keep records of your work and earnings to show your representative or the judge.

Do I need a lawyer to appeal?

No. You can appeal on your own. However, people with lawyers win their appeals more often than people without them, especially at the hearing stage. If you cannot afford a lawyer upfront, you can hire one who takes payment only from your back pay if you win.

What if I miss the 60-day important date?

Your case will close. You can ask Social Security to reopen it if you have good cause for the delay, but this is difficult. It is much easier to file within 60 days. If you are close to the important date, file when ready—you can submit more evidence later.

How much back pay will I receive?

Back pay depends on when you became disabled and when Social Security approves your claim. The five-month waiting period means your back pay does not start until six months after you became disabled. Your representative or Social Security can calculate the exact amount once you win.

What happens to my appeal if I move?

Tell Social Security your new address when ready. Mail your appeal request to your new local Social Security office or call 1-800-772-1213 to update your address. If Social Security cannot reach you, they may close your case.