The Appeals Process

(For Disability Claims In The Following Areas: Alabama, Alaska, Colorado, Louisiana, Michigan,

Missouri, New York, Pennsylvania, North and West Los Angeles, California.)

The Appeals Process

Social Security wants to be sure that

every decision made about your Social

Security or Supplemental Security Income

(SSI) claim is correct. We carefully consider

all the information in your case before we

make any decisions that affect your eligibility or your benefit amount.

When we decide whether you are eligible

for benefits, we will send you a letter

explaining our decision. If you do not agree

with our decision, you can ask us to look

at your case again. This is called an appeal.

When you ask for an appeal, we will

look at the entire decision, even those

parts that were in your favor. If our decision was wrong, we will change it. Call

your Social Security office if you need help

with your appeal.

If you wish to appeal, you must make

your request in writing within 60 days

from the date you receive our letter. We

assume you receive the letter five days

after the date on the letter, unless you can

show us you received it later. 

There are three levels of appeal. They are: 

• Hearing by an administrative law judge; 

• Review by the Appeals Council; and 

• Federal court review.

When we send you a letter about a decision on your claim, we will tell you how to

appeal the decision.

Yes. Many people handle their own

Social Security appeals with free help from

Social Security. But you can choose a

lawyer, a friend or someone else to help

you. Someone you appoint to help you is

called your “representative.” We will work

Can someone help with my appeal?

How many appeal levels are there?

When and how can I appeal?

with your representative just as we would

work with you.

Your representative can act for you in

most Social Security matters and will

receive a copy of any decisions we make

about your claim.

Your representative cannot charge or

collect a fee from you without first getting

written approval from Social Security. If

you want more information about having 

a representative, contact us. We can 

give you a free copy of Your Right To

Representation (Publication No. 05-10075).

Hearing 

If you disagree with the initial decision,

you may ask for a hearing on the

“disability” issues of your claim, such as

whether you are disabled, when your

disability began or whether it has ended.

An administrative law judge who had no

part in the first decision about your case

will conduct the hearing.

The hearing is usually held within 

75 miles of your home. The administrative

law judge will notify you of the time and

place of the hearing.

You and your representative, if you 

have one, may come to the hearing and

explain your case in person. You may look

at the information in your file and give

new information.

The administrative law judge will

question you and any witnesses at the hearing. You or your representative also may

question the witnesses.

It is usually to your advantage to attend

the hearing. If you do not wish to do so, you

must tell us in writing that you do not want

to attend. Unless the administrative law

judge believes your presence is needed to

decide the case, he or she will make a decision based on all the information in your

case, including any new information given.

(over)

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After the hearing, we will send you a

letter and a copy of the administrative law

judge’s decision.

Appeals Council 

If you disagree with the hearing decision,

you may ask for a review by Social

Security’s Appeals Council. We will be 

glad to help you ask for this review.

The Appeals Council looks at all requests

for review, but it may deny a request if it

believes the hearing decision was correct. 

If the Appeals Council decides to review

your case, it will either decide your case

itself or return it to an administrative law

judge for further review. You will receive a

copy of the Appeals Council’s decision or

order sending it back to an administrative

law judge.

Federal court

If you disagree with the Appeals Council’s

decision or if the Appeals Council decides

not to review your case, you may file a

lawsuit in a federal district court.

For more information and to find copies

of our publications, visit our website at

www.socialsecurity.gov or call toll-free, 

1-800-772-1213 (for the deaf or hard of hearing, call our TTY number, 1-800-325-0778).

We can answer specific questions and

provide information by automated phone

service 24 hours a day.

We treat all calls confidentially. We also

want to make sure you receive accurate

and courteous service. That is why we

have a second Social Security representative monitor some telephone calls.

Contacting Social Security

Social Security Administration

SSA Publication No. 05-10141

January 2005

Printed on recycled paper

www.socialsecurity.gov