The Appeals Council is the second stop after your initial denial

If Social Security denies your SSDI claim and you disagree with the decision, you can ask the Appeals Council to review it. The Appeals Council is part of Social Security's internal review process—it sits between the Administrative Law Judge (ALJ) level and federal court. You do not go directly to the Appeals Council; instead, you request review from them after an ALJ has already made a decision on your case.

The Appeals Council works for the Social Security Administration but operates independently from the local office that first denied you. They look at the same medical records, work history, and evidence you already submitted, plus anything new you add. They can uphold the ALJ's decision, reverse it, or send it back to an ALJ for another hearing.

Key Takeaways

  • You can request Appeals Council review within 60 days of an ALJ's decision, and Social Security will extend that important date if you ask within a reasonable time after it passes.
  • The Appeals Council will only review your case if you show they made a legal or procedural error, or if new evidence changes the outcome—they do not straightforward re-weigh the same facts.
  • You can submit new medical records, test results, or other evidence with your request, and the Appeals Council must consider anything you send before they decide.
  • The Appeals Council receives thousands of requests each month and typically takes four to six months to issue a decision, though timing varies widely.
  • If the Appeals Council denies you again, your next step is to file a lawsuit in federal district court within 60 days.

When you can request Appeals Council review

You have 60 days from the date the ALJ mails their decision to request review. The 60-day clock starts the day the decision is mailed, not the day you receive it. If you miss the 60-day window, you can still request review if you file within a "reasonable time" after the important date—Social Security interprets this as roughly 10 months, though the exact standard depends on your circumstances and the Appeals Council's discretion.

If you are working with a representative—an attorney or non-attorney advocate—they must file the request on your behalf, and they are bound by the same 60-day important date. If your representative misses the important date without your knowledge, you may be able to reopen the case, but this requires proving that the miss was not your fault.

What the Appeals Council will and will not review

The Appeals Council does not hold a new hearing or re-examine all the evidence from scratch. Instead, they review the ALJ's decision to see whether it was legally or procedurally correct. They will overturn an ALJ's decision if the ALJ made an error in explore the law, ignored evidence in the record, or failed to follow proper procedures.

The Appeals Council will also review your case if you submit new evidence that is material—meaning it could reasonably change the outcome. New medical records showing a worsening condition, test results you did not have at the time of the ALJ hearing, or statements from a treating doctor are all examples of material evidence. The Appeals Council must consider this new evidence before they decide whether to uphold or reverse the ALJ.

What the Appeals Council will not do is straightforward disagree with the ALJ's judgment about how much weight to give to certain evidence. If the ALJ heard the same medical records you did and decided they did not support disability, the Appeals Council will not overturn that decision just because they might have weighed the evidence differently. They are looking for legal error, not a different opinion on the same facts.

How to file a request for Appeals Council review

You file a written request with the Appeals Council. The form is called the Request for Review of Hearing Decision/Order, and you can get it from Social Security's website or by calling 1-800-772-1213. You can also write a letter explaining why you think the ALJ made an error—you do not have to use the official form, though using it makes the process clearer.

Mail your request to the address listed on the ALJ's decision letter. Do not send it to your local Social Security office; the decision letter will tell you exactly where to send it. Keep a copy for your records and consider sending it by certified mail so you have proof of when it arrived. If you are represented by an attorney or advocate, they will file the request on your behalf.

Include with your request any new evidence you want the Appeals Council to consider. If you have new medical records, a recent doctor's statement, or updated work history, send copies along with your written request. The Appeals Council will not search for evidence on their own—you must provide it.

What happens after you file

Once the Appeals Council receives your request, they will send you a notice acknowledging it. They then review the entire case file: the ALJ's decision, the hearing transcript, all medical records, your work history, and any new evidence you submitted. This review process typically takes four to six months, though some cases move faster and others take longer depending on the Appeals Council's workload.

The Appeals Council may decide the case on the written record alone, without a hearing. You will not get to speak or present new evidence in person unless the Appeals Council specifically schedules a hearing, which is rare. Most decisions come by mail.

The three possible outcomes

The Appeals Council can make one of three decisions. First, they can affirm the ALJ's decision, meaning they agree the ALJ was correct and your case is denied. Second, they can reverse the ALJ's decision, meaning they find the ALJ made an error and award you benefits. Third, they can remand the case back to an ALJ for another hearing, usually because they find the ALJ did not fully develop the record or made a procedural error that requires a new hearing to fix.

If the Appeals Council affirms the denial, you can file a lawsuit in federal district court within 60 days. If they reverse and award benefits, your case is over and you will begin receiving payments. If they remand, you will have another ALJ hearing, and the new ALJ will make a fresh decision based on all the evidence, including anything new that has come in since the first hearing.

Working with a representative at the Appeals Council stage

Many people hire an attorney or non-attorney representative to handle the Appeals Council request. Your representative can file the request, gather and submit new evidence, and argue why the ALJ made an error. They cannot charge you a fee unless they have been approved by Social Security to represent you, and their fee is limited by law—currently capped at 25 percent of your past-due benefits, up to a maximum of $7,200 (this amount changes yearly).

If you already have a representative from your ALJ hearing, they can continue representing you at the Appeals Council stage. If you want to hire someone new, you will need to file a form with Social Security authorizing them to represent you. Your representative must file the Appeals Council request within the 60-day important date, so do not delay in hiring someone if you want representation.

Frequently Asked Questions

Can I add new medical evidence when I request Appeals Council review?

Yes. The Appeals Council must consider any new medical records, test results, or doctor statements you submit with your request, as long as they are material to your case. New evidence showing your condition has worsened or that you have a condition the ALJ did not know about can change the outcome. Submit copies with your written request.

How long does the Appeals Council take to decide?

Most decisions take four to six months, but the Appeals Council processes thousands of cases and timing varies. Some cases are decided in two months; others take a year or longer. You can call the Appeals Council to ask about your case status, though they may not have much information to share until a decision is close.

What if I miss the 60-day important date to request Appeals Council review?

You can still request review if you file within a reasonable time after the important date—generally understood as up to 10 months. You will need to explain why you missed the important date. If the Appeals Council denies your late request, you can file a lawsuit in federal court, though you will have a harder time arguing the case because you waited.

Do I have to go to a hearing at the Appeals Council?

No. The Appeals Council decides most cases on the written record—the decision letter, hearing transcript, and medical evidence. They rarely schedule hearings. If they do schedule one, they will notify you in advance.

What happens if the Appeals Council sends my case back to an ALJ?

You will have another hearing with a different ALJ. The new ALJ will review all the evidence from the first hearing plus any new evidence that has come in since then. This is called a remand, and it gives you a second chance to present your case, though it also means waiting several more months for a decision.