The Office of Disability Adjudication and Review (ODAR) is the Social Security Administration body that decides appeals when your initial SSDI claim is denied.

When you file for Social Security Disability Insurance and receive a denial, you have the right to appeal. ODAR is the office that reviews your case at the first appeal level, called reconsideration. If you disagree with that decision, ODAR also holds the hearing before an Administrative Law Judge (ALJ) — the second appeal level. ODAR does not make the initial decision on your claim; that happens at your local Social Security office. But once you appeal, ODAR takes over the case.

ODAR is part of the Social Security Administration's Appeals Council structure. It operates independently from the office that denied you, which means a different examiner reviews your file. The office exists specifically to hear cases where claimants disagree with the first decision. Understanding what ODAR does and how it works helps you prepare for the appeal process and know what to expect at each stage.

Key Takeaways

  • ODAR handles both reconsideration (the first appeal level) and hearings before an Administrative Law Judge (the second appeal level).
  • A reconsideration review takes place on paper only — no hearing, no in-person appearance — and usually takes 3 to 6 months.
  • If you are denied again at reconsideration, you can request a hearing before an ALJ, which is where you can present testimony and evidence in person or by video.
  • ODAR hearings typically occur 12 to 18 months after you request them, though wait times vary significantly by region.
  • You can represent yourself at any ODAR stage, but a disability lawyer or representative can file motions, gather medical records, and prepare you for testimony.

How ODAR Fits Into the Four-Level Appeal Process

Social Security disability appeals follow a fixed sequence. Your local Social Security office makes the initial decision on your claim. If denied, you enter the appeal system, and ODAR handles the next two levels.

The first appeal level is reconsideration. ODAR assigns a new examiner to review your entire file — your medical records, work history, and the reason for the initial denial. This examiner may request additional medical evidence or vocational information. You do not attend a hearing; everything happens on paper. The examiner issues a written decision, usually within 3 to 6 months, though some regions take longer.

If you are denied at reconsideration, you move to the second appeal level: a hearing before an Administrative Law Judge. This is where ODAR's role becomes most visible. An ALJ — a lawyer employed by ODAR — holds a formal hearing where you can testify, present witnesses, and submit new evidence. The ALJ asks questions about your medical condition, your work history, and how your condition affects your daily activities. After the hearing, the ALJ issues a written decision.

If the ALJ denies you, you can request review by the Appeals Council (the third level), and if that is denied, you can file a civil lawsuit in federal court (the fourth level). ODAR does not handle those final two levels.

What Happens During Reconsideration

Reconsideration is a paper review only. You do not meet anyone or testify. ODAR assigns a different examiner to your case — someone who did not work on the initial decision. That examiner reads your file from the beginning and decides whether the denial was correct.

During reconsideration, you can submit new medical records, test results, or other evidence that was not in your file when you first applied. You can also write a letter explaining why you disagree with the denial. ODAR will consider anything you send, as long as it arrives before the examiner issues a decision.

The examiner may order a new medical exam or ask your doctor for updated information. If they do, Social Security pays for the exam. The examiner then writes a decision letter explaining whether your condition meets a Social Security disability listing or whether you can work despite your condition. Reconsideration decisions usually arrive 3 to 6 months after you request it, though some ODAR offices take longer depending on their caseload.

About 15 percent of reconsideration cases are approved. If you are denied again, you have 60 days to request a hearing before an ALJ.

Requesting and Preparing for an ALJ Hearing

To request a hearing, you file a form called the Request for Hearing by Administrative Law Judge (Form HA-501). You can submit this form online through your Social Security account, by mail, or in person at your local Social Security office. The 60-day clock starts the day you receive the reconsideration denial letter, not the day you read it.

After you request a hearing, ODAR sends you a notice telling you the approximate timeframe for your hearing. Wait times vary widely by region. Some areas schedule hearings within 6 to 12 months; others take 18 to 24 months or longer. ODAR publishes average wait times by office on its website, though individual cases may differ.

Before your hearing, you and your representative (if you have one) can request your case file from ODAR. This file contains everything Social Security has collected about your case — medical records, the initial decision, the reconsideration decision, and any new evidence submitted. Reviewing this file helps you prepare for questions the ALJ will ask.

You can also submit new medical evidence up until the day of your hearing. If you have recent test results, doctor's notes, or hospital records that show your condition has worsened, send them to ODAR as soon as possible. The ALJ will consider anything in the file at the time of the hearing.

What Happens at the ALJ Hearing

An ALJ hearing is a formal proceeding, but it is less rigid than a courtroom trial. The ALJ sits at a desk or table, and you sit across from them. If you have a representative, they sit with you. A court reporter records everything said. The hearing usually lasts 15 to 45 minutes, depending on the complexity of your case.

The ALJ starts by swearing you in and asking you to state your name and address. Then the ALJ asks questions about your medical condition, your symptoms, how they affect your ability to work, your work history, and your daily activities. The ALJ may ask about pain, fatigue, concentration, memory, or mobility — whatever relates to your condition. You answer in your own words; there are no "right" answers, only honest ones.

If you have a representative, they can ask you questions after the ALJ finishes. Your representative can also present evidence, call witnesses (such as a family member or doctor), and make arguments about why you meet the disability standard. If you do not have a representative, you can still present evidence and call witnesses, but you are responsible for organizing it and explaining it to the ALJ.

Many ALJ hearings now happen by video instead of in person, especially after 2020. ODAR sends you a notice telling you whether your hearing will be in person or by video. If it is by video, you need a computer or tablet with internet access and a quiet place to sit. ODAR provides instructions on how to log in.

How Long ODAR Decisions Take and What Comes Next

After your ALJ hearing, the ALJ writes a decision. This usually takes 30 to 90 days, though some ALJs take longer. The decision letter explains what the ALJ found about your medical condition, your work history, and whether you can work. If the ALJ approves you, the letter states your onset date (the date your disability began) and your benefit amount. If the ALJ denies you, the letter explains the reasons.

If the ALJ approves you, Social Security begins paying benefits. Your first check arrives within 1 to 2 months. If the ALJ denies you, you have 60 days to request review by the Appeals Council. The Appeals Council is a separate body within Social Security that reviews only cases where the ALJ may have made a legal error or where new evidence significantly changes the case. The Appeals Council approves very few cases — roughly 10 percent.

If the Appeals Council denies you or does not change the ALJ's decision, you can file a civil lawsuit in federal district court. This is the final appeal level. Federal court review is rare and requires an attorney, but it is available if you believe Social Security misapplied the law.

Finding and Working With a Representative at ODAR

You can represent yourself at reconsideration and at an ALJ hearing, but many people hire a disability lawyer or non-lawyer representative to help. A representative can request your case file, gather medical evidence, prepare you for testimony, and present arguments at your hearing. Representatives are especially useful at the ALJ hearing stage, where the approval rate is higher when someone represents you.

ODAR maintains a list of representatives who are authorized to practice before it. These include disability lawyers and non-lawyer representatives called accredited representatives. Accredited representatives work for non-profit organizations, labor unions, or veterans' groups and have passed a Social Security exam. Disability lawyers do not need accreditation but must be licensed attorneys.

Representatives charge a fee only if you win your case. The fee is capped at 25 percent of your back pay (the money owed from your onset date to the date you are approved), up to a maximum of $7,200 as of 2024. This amount may change yearly. You do not pay anything upfront. If you lose, you owe nothing.

To find a representative, you can search ODAR's online directory of accredited representatives, ask your local legal aid office for referrals, or contact a disability advocacy organization in your state. Many representatives offer free consultations to discuss your case before you hire them.

Frequently Asked Questions

Can I request a hearing by video if I do not have internet at home?

Yes. Contact ODAR and explain your situation. They may allow you to appear by video from a Social Security office, library, or other location with internet access. Some offices also allow in-person hearings if video is not possible, though this depends on the office's capacity and your location.

What if I miss the 60-day important date to appeal a reconsideration denial?

You can still request a hearing, but you must file a form called a Request for Extension of Time and explain why you missed the important date. Social Security approves extensions if you have "good cause" — usually meaning you did not receive the denial letter or had a medical emergency. If approved, your 60-day clock restarts. If denied, you lose the right to appeal.

Can I submit new medical evidence the day before my ALJ hearing?

Yes, but it is risky. The ALJ may not have time to review it before your hearing. It is better to send new evidence at least 2 to 3 weeks before your hearing so the ALJ can read it and the other side (Social Security) can respond. If you have urgent new evidence, tell your representative or contact ODAR directly.

What if the ALJ asks me questions I do not understand?

Tell the ALJ you do not understand and ask them to rephrase the question. The ALJ is required to make sure you understand what is being asked. If you have a representative, they can also ask for clarification on your behalf.

How do I know if ODAR received my appeal request?

Social Security sends a written notice acknowledging receipt of your appeal within 5 to 10 days. If you do not receive one, contact your local Social Security office or call 1-800-772-1213 to confirm they have your request. Keep copies of everything you mail to ODAR and consider using certified mail so you have proof of delivery.