What the Appeals Council Does

The Appeals Council is a group of judges within the Social Security Administration who review cases that were denied by an administrative law judge (ALJ). If you received a hearing before an ALJ and disagree with their decision, you can ask the Appeals Council to look at your case again. They do not hold new hearings or take new evidence in most cases — instead, they read the written record from your ALJ hearing and decide whether the judge made a legal or factual error.

The Appeals Council sits in Falls Church, Virginia, and handles thousands of cases each year. Their job is to check whether the ALJ followed the law, weighed the medical evidence correctly, and explained their reasoning clearly. If they find a significant error, they can reverse the decision, send it back to the ALJ for a new hearing, or uphold the denial. About 10 to 15 percent of cases are reversed or remanded at this stage.

Key Takeaways

  • You must file a request for Appeals Council review within 60 days of receiving the ALJ's decision letter, or you lose the right to appeal at this level.
  • The Appeals Council reviews only the evidence that was already presented at your ALJ hearing unless you submit new medical records that show a material change in your condition.
  • You do not attend a hearing before the Appeals Council; they decide based on the written file and any written argument you or your representative submit.
  • The Appeals Council typically takes 6 to 18 months to issue a decision, and you can check the status of your case online through your Social Security account.
  • If the Appeals Council denies your request for review or upholds the ALJ's denial, your next step is federal court, which requires a lawyer and costs money to file.

The 60-Day Filing Window

You have exactly 60 days from the date you receive the ALJ's decision letter to file a request for Appeals Council review. The 60 days starts the day after you receive the letter, not the day it was mailed. If the letter was mailed to you, Social Security assumes you received it five days after the mailing date unless you can show otherwise.

If you miss the 60-day important date, you cannot ask the Appeals Council to review your case. Your only remaining option is to file a new process for SSDI and start the process over, or to go directly to federal court — but federal court will not hear your case unless you have exhausted your administrative appeals first. If you have a good reason for missing the important date (called "good cause"), you can ask Social Security to reopen the case, but this is difficult to prove and rarely succeeds.

If you have a representative — a lawyer or non-lawyer advocate — make sure they know the important date. Many representatives track this automatically, but you should confirm in writing that they received your ALJ decision letter.

What You Can Submit to the Appeals Council

The Appeals Council will review the entire written record from your ALJ hearing: the hearing transcript, all medical records and test results that were presented, your work history, and the ALJ's written decision. You do not need to resubmit any of this material.

You can submit new medical evidence only if it shows that your condition got worse after the ALJ hearing, or if you have records from before the hearing that the ALJ never saw. New evidence must be from a medical source — a doctor, psychiatrist, nurse practitioner, or physician assistant — not your own statement about how you feel. If you submit new medical evidence, the Appeals Council may send your case back to the ALJ for a new hearing instead of deciding it themselves.

You can also submit a written statement explaining why you believe the ALJ made an error. This is called a "brief" or "written argument." It should point to specific parts of the hearing transcript or medical records and explain what the ALJ got wrong — for example, "The ALJ ignored Dr. Chen's statement on page 47 that my back pain prevents me from sitting more than 30 minutes" or "The ALJ's own vocational informed testified that there are no jobs I can do, but the ALJ found jobs anyway without explaining why." A strong brief focuses on legal and factual errors, not on disagreeing with the ALJ's judgment.

How the Appeals Council Decides

The Appeals Council reviews your case to see whether the ALJ's decision is supported by substantial evidence in the record. "Substantial evidence" means enough evidence that a reasonable person would agree with the ALJ's conclusion — not just any evidence, but evidence that is relevant and credible. The Appeals Council does not retry your case or decide whether they personally think you are disabled. They check whether the ALJ followed the law and the rules.

The Appeals Council looks for several types of errors: whether the ALJ properly evaluated your medical evidence, whether the ALJ correctly applied Social Security's disability rules, whether the ALJ's reasoning was clear and logical, and whether the ALJ considered all the evidence or ignored important parts of the record. They also check whether the ALJ's decision is consistent with prior decisions in similar cases.

If the Appeals Council finds that the ALJ made a significant error, they have three options: they can reverse the decision and award you benefits, they can reverse and remand (send the case back to the ALJ for a new hearing with instructions on what to do), or they can deny your request for review and uphold the ALJ's decision. They issue a written order explaining their reasoning.

Timeline and Status Checks

After you file your request for Appeals Council review, Social Security will send you a receipt notice confirming that your case was received. This notice includes a case number you can use to track your appeal. The Appeals Council typically takes 6 to 18 months to issue a decision, though some cases take longer if they are complex or if the Appeals Council sends the case back to the ALJ.

You can check the status of your Appeals Council case online through your Social Security account at ssa.gov. Log in, go to "My Requests," and look for your appeal. The status will show whether your case is pending, whether new evidence was submitted, or whether a decision has been issued. You can also call Social Security's Appeals Council status line, though wait times are often long.

Do not call the ALJ's office or the local Social Security office to ask about your Appeals Council case. Those offices do not have access to Appeals Council records and cannot help you. Only the Appeals Council in Falls Church handles these cases.

What Happens After the Appeals Council Decision

If the Appeals Council reverses the ALJ's decision, you will be awarded SSDI benefits. Social Security will send you a new notice explaining your benefit amount, your start date, and when your first payment will arrive. If you were denied at the ALJ level, you may have been waiting months or years for benefits, so the back pay can be substantial.

If the Appeals Council remands your case, it goes back to the ALJ for a new hearing. The Appeals Council's order will include instructions about what the ALJ must do differently — for example, "obtain updated medical records from the claimant's treating physician" or "reconsider the claimant's ability to perform sedentary work." You will receive a new hearing notice and can present additional evidence or testimony at the new hearing.

If the Appeals Council denies your request for review or upholds the ALJ's denial, you have exhausted your administrative appeals. Your only remaining option is to file a civil action in federal district court within 60 days. Federal court cases are expensive and require a lawyer. Most people do not pursue this step, but it is available if you believe the Appeals Council made a legal error.

When to Use a Representative

Many people hire a lawyer or non-lawyer representative to handle their Appeals Council case. A representative can write a strong brief, track important date, submit new medical evidence if appropriate, and communicate with the Appeals Council on your behalf. If you win at the Appeals Council, your representative is paid a fee from your back pay — typically 25 percent of the back pay, up to a maximum of $7,200 (as of 2024, though this amount changes yearly).

You do not have to hire a representative to file an Appeals Council request, but the brief you submit is important. If you cannot afford a lawyer, you may be able to find a free or low-cost representative through a legal aid organization in your state or through a disability advocacy group. Social Security maintains a list of accredited representatives on its website.

Frequently Asked Questions

Can I submit new medical records to the Appeals Council?

Only if they show that your condition got worse after the ALJ hearing, or if they are from before the hearing and the ALJ never saw them. New evidence must come from a medical source, not from you. If you submit new evidence, the Appeals Council may send your case back to the ALJ for a new hearing instead of deciding it themselves.

What if I miss the 60-day important date to file with the Appeals Council?

You lose the right to appeal to the Appeals Council. Your only options are to file a new SSDI process and start over, or to go directly to federal court — but federal court requires you to have exhausted administrative appeals first. You can ask Social Security to reopen the case for "good cause," but this is rarely granted.

How long does the Appeals Council take to decide?

Typically 6 to 18 months, though some cases take longer. You can check the status of your case online through your Social Security account or by calling the Appeals Council status line. Do not call your local Social Security office, as they cannot access Appeals Council records.

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

No. The Appeals Council reviews your case based on the written record from your ALJ hearing and any written argument you submit. You do not attend a hearing or speak to the Appeals Council directly unless they specifically request it, which is rare.

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

You will receive a new hearing notice and can present additional evidence or testimony. The Appeals Council's order will explain what the ALJ must reconsider or what new evidence the ALJ must obtain. After the new hearing, the ALJ will issue a new decision, which you can appeal again if you disagree.