Your denial is not the end of the process

When the Social Security Administration denies your SSDI claim, you have the right to challenge that decision. Most people who are denied the first time do not give up—they request a reconsideration, file an appeal, or both. The path forward depends on which stage of review you want to pursue and how much time has passed since your denial letter arrived.

You have a specific window to act. Social Security gives you 60 days from the date on your denial notice to request reconsideration or file an appeal. If you miss that important date, you can still ask for a restart, but the process becomes more complicated. The sooner you understand your options, the sooner you can move forward.

Key Takeaways

  • You have 60 days from your denial notice to request reconsideration, file an appeal, or both—missing this important date makes the process harder but not impossible.
  • Reconsideration means a different Social Security examiner reviews your file, usually without a hearing, and takes two to three months.
  • An appeal to an Administrative Law Judge (ALJ) includes a hearing where you can present new evidence and testify, and typically takes one to two years.
  • You can work with a disability representative or attorney at any stage, and they are paid only if you win—their fee comes from your back pay.
  • Gathering medical records, work history, and statements from doctors or employers before your next step strengthens your case significantly.

Understanding your denial notice

Your denial letter explains why Social Security rejected your claim. Read it carefully, because the reason matters. Social Security denies claims for different reasons: your condition may not meet their medical standards, your work history may not may have access to you, or they may have decided your condition is not severe enough to prevent work.

The letter also tells you exactly when your 60-day window closes. Count 60 days from the date on the notice itself, not from when you received it. If day 60 falls on a weekend or holiday, you can file the next business day. Write this date down or set a reminder—missing it means you have to file a request for "reopening" instead, which requires showing that Social Security made an error or that your condition has worsened significantly.

Keep your denial letter. You will need it to prove you are within the important date when you request your next step.

Reconsideration: a second look at your file

Reconsideration means a different examiner at Social Security reviews your entire claim from the start. You do not attend a hearing. Instead, you submit new medical evidence, work records, or statements that support your case, and the examiner decides based on the file.

Reconsideration usually takes two to three months. Some people request reconsideration because they have new medical records since their first process—test results, imaging, or a recent hospitalization that shows their condition is worse. Others request it because they believe Social Security misunderstood or overlooked evidence they already submitted.

To request reconsideration, fill out Form SSA-561 (Request for Reconsideration) and mail it to your local Social Security office, or bring it in person. You can also request reconsideration by phone or online through your my Social Security account. Include any new medical evidence with your request. If you do not have new evidence, reconsideration is less likely to succeed, but it is still an option if you believe the first decision was wrong.

Appeal to an Administrative Law Judge

If reconsideration is denied or if you skip reconsideration and go straight to appeal, you can request a hearing before an Administrative Law Judge (ALJ). This is where most people who eventually win their case have their hearing. At an ALJ hearing, you can testify, present new medical evidence, and have a representative speak on your behalf. The judge can ask you questions about your condition, your daily life, and your ability to work.

An ALJ hearing typically takes one to two years from the time you request it. The wait is long because there are many cases ahead of yours. During this time, you can continue to gather medical records and build your case. You can also change your mind and request reconsideration instead, though this is unusual once you are in the appeal process.

To request an ALJ hearing, fill out Form SSA-561-U2 (Request for Hearing by Administrative Law Judge) and submit it within 60 days of your reconsideration denial, or within 60 days of your original denial if you are skipping reconsideration. Mail it to the address on your denial letter or bring it to your local Social Security office.

Working with a representative or attorney

You can hire a disability representative or attorney at any stage—after your initial denial, during reconsideration, or before your ALJ hearing. They cannot change the facts of your case, but they can organize your evidence, write arguments, attend your hearing, and cross-examine the medical informed Social Security brings.

Most disability attorneys and representatives work on contingency, meaning they are paid only if you win. Their fee is set by law at 25 percent of your back pay (the money owed from when your disability began), up to a maximum of $7,200. You do not pay anything upfront. If you lose, you owe nothing.

Finding a representative: the Social Security Administration maintains a list of accredited representatives and attorneys on its website. You can also search for disability attorneys in your area through the National Organization of Social Security Claimants' Representatives (NOSSCR) or the National Disability Rights Network. Many offer free initial consultations.

Gathering evidence before your next step

The strongest cases include recent medical records. Before you request reconsideration or appeal, contact your doctors and ask for records from the past year or two. Include test results, imaging reports, notes from office visits, and any diagnoses or treatment changes. If you see a specialist—a cardiologist, rheumatologist, psychiatrist—their records carry particular weight because they document your condition in detail.

Also gather statements from people who know your condition. A letter from your doctor describing how your condition limits your ability to work is powerful evidence. Statements from family members, employers, or coworkers about what they have observed can also help, though they are less formal than medical records.

Work history matters too. Gather pay stubs, tax returns, or letters from employers showing when you worked and what you did. This helps Social Security understand your past work capacity and why your current condition prevents you from returning to that work or doing other work.

What happens if you miss the 60-day important date

If 60 days have passed since your denial notice and you have not requested reconsideration or appeal, you can still pursue your claim, but the process is different. You must file a Request for Reopening and explain why you are filing late. Social Security will reopen your case only if you show "good cause"—usually meaning you did not receive the notice, did not understand it, or your condition has significantly worsened since the denial.

Good cause is a high bar. straightforward forgetting the important date or not realizing you could appeal does not may have access to. If Social Security denies your reopening request, you can appeal that decision too, but it adds time and complexity to your case. This is why acting within 60 days is important.

Frequently Asked Questions

Can I work while my appeal is pending?

Yes. Working does not disqualify you from appealing, and it does not affect your pending case. However, if you earn above a certain amount (called "substantial gainful activity"), Social Security may use that as evidence that you can work. Keep records of your earnings and any limitations you face at work, because these details matter if your case goes to a hearing.

How much does it cost to appeal?

There is no cost to request reconsideration or file an appeal with Social Security. If you hire a representative or attorney, they work on contingency and take their fee from your back pay only if you win. You pay nothing upfront.

What if I get denied again at reconsideration?

You can then request an ALJ hearing within 60 days of the reconsideration denial. Many people are denied at reconsideration but win at the ALJ level, so a second denial does not mean your case is over. An ALJ hearing gives you the chance to testify and present evidence in person, which often makes a difference.

Can I request reconsideration and appeal at the same time?

No. You must request reconsideration first, wait for that decision, and then appeal if it is denied. However, you can skip reconsideration and go straight to appeal if you prefer, though most people request reconsideration because it is faster and less formal.

What if my condition has gotten worse since I applied?

This is one of the strongest reasons to request reconsideration or appeal. Gather medical records showing the worsening—new diagnoses, hospitalizations, medication changes, or test results. Include a letter from your doctor explaining how your condition has progressed. This new evidence can change the outcome of your case.