Appealing Your Social Security Decision
If you disagree with a Social Security decision, you have the right to appeal it. There are four levels of appeal:
- Reconsideration: This is the first step in the appeals process. You can request reconsideration by writing to the Social Security Administration (SSA) or by calling them.
- Hearing by an administrative law judge (ALJ): If you are not satisfied with the outcome of your reconsideration, you can request a hearing by an ALJ. An ALJ is an impartial judge who will review your case and make a decision.
- Review by the Appeals Council: If you disagree with the ALJ’s decision, you can request a review by the Appeals Council. The Appeals Council is a panel of three judges who will review your case and make a decision.
- Federal court: If you disagree with the Appeals Council’s decision, you can file a lawsuit in federal court.
How long do I have to appeal a Social Security decision?
You have 60 days from the date you receive a Social Security decision to file an appeal. If you do not file an appeal within 60 days, you may lose your right to appeal.
What are the time limits for each level of appeal?
The time limits for each level of appeal vary. Here are the general time limits:
- Reconsideration: Up to 60 days
- Hearing by an ALJ: Up to 18 months
- Review by the Appeals Council: Up to 2 years
- Federal court: Up to 60 days
What should I include in my appeal?
Your appeal should include the following information:
- Your name, address, and phone number
- Your Social Security number
- The date you received the Social Security decision you are appealing
- The specific reason why you are appealing the decision
- Any supporting documentation, such as medical records or witness statements
What are the costs of appealing a Social Security decision?
There are no fees to file an appeal with the SSA. However, you may have to pay for an attorney or other representative to help you with your appeal.
What are my chances of winning an appeal?
The chances of winning an appeal vary depending on the level of appeal and the type of case. However, in general, you have a better chance of winning an appeal if you have an attorney or other representative to help you.
For more information about appealing a Social Security decision, please visit the Social Security Administration’s website at https://www.ssa.gov/appeals/
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.