(over)

The Appeals Process 

The Appeals Process 

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

Michigan, Missouri, New Hampshire, New York, Pennsylvania, North and West Los 

Angeles, California.)

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.

When and how can I 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.

How many appeal levels are there?

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.

Can someone help with my appeal?

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 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.

After the hearing, we will send you a letter and a 

copy of the administrative law judge’s decision.

SocialSecurity.gov
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.

Contacting Social Security

The most convenient way to contact us anytime, 

anywhere is to visit www.socialsecurity.gov. 

There, you can: apply for benefits; open a 

my Social Security account, which you can 

use to review your Social Security Statement,

verify your earnings, print a benefit verification 

letter, change your direct deposit information, 

request a replacement Medicare card, and get a 

replacement SSA-1099/1042S; obtain valuable 

information; find publications; get answers to 

frequently asked questions; and much more.

If you don’t have access to the internet, we 

offer many automated services by telephone, 

24 hours a day, 7 days a week. Call us tollfree at 1-800-772-1213 or at our TTY number, 

1-800-325-0778, if you’re deaf or hard 

of hearing.

If you need to speak to a person, we can answer 

your calls from 7 a.m. to 7 p.m., Monday through 

Friday. We ask for your patience during busy 

periods since you may experience a higher than 

usual rate of busy signals and longer hold times 

to speak to us. We look forward to serving you.

Social Security Administration

Publication No. 05-10141

August 2017 

The Appeals Process 

Produced and published at U.S. taxpayer expense

Printed on recycled paper