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SSI SSDI Decisions

If You Disagree With Your SSDI or SSI Decision

Levels of Appeals

If you do not agree with the decision made on your Social Security or SSI disability application, you may request a reconsideration of your claim.

If you are still not satisfied with the reconsideration decision, you may file for a hearing before an administrative law judge (ALJ) of the Office of Hearings and Appeals. You will be given the opportunity to explain why you disagree with the decision made in your case, to present additional evidence and to have witnesses testify for you. You can represent yourself or be represented by a lawyer, friend, or any other person at this informal hearing. However, if you decide not to appear at the hearing, the ALJ will issue a decision based on the written record and any additional information that you have submitted.

If the ALJ's decision is unfavorable, you may further appeal this determination to the SSA Appeals Council. If you disagree with the decision of the Appeals Council, or if the Appeals Council declines to review your case, you may finally bring a civil action in federal court.

If you have been receiving Social Security or SSI disability benefits, but your monthly checks are terminated as a result of a continuing disability review, your first level of appeal is a face-to-face hearing with a Hearing Officer. If the Hearing Officer, upon review, agrees with the decision to end your benefits, you may appeal to OHA, then to the Appeals Council, and then to the federal court system.

Time Limits For Your Appeal

If you want to appeal any unfavorable disability decision, you must appeal within 60 days from the date you receive the notice of determination. If you wait for more than 60 days, you must give a good reason for the delay.

New Application

If you do not request an appeal within the 60-day time limit, you still have the right to file another application at any time. However, a new application is not the same as an appeal of the adverse determination.