Overview of Disability

Disability Back Pay

Disability Requirements

Disability Applications

Disability Advice Tips

How long do cases take?

How to win Disability

SSD Mistakes to avoid

Disability for Mental

What if you get denied?

How to file Appeals

Disability through SSA

SSI Disability Benefits

Disability for Children

How do I qualify for it?

Working and Disability

Disability Award Notice

Disability Lawyer Q&A

Disability Conditions List

What is a disability?

Your Medical Evidence

Filing for your Disability

Disability Eligibility

SSD SSI Definitions

Recent Questions

SSDRC Disability Blog

How Long Are You Given To Appeal Your Social Security Disability Denial?

If your disability claim has been denied, you can appeal your decision. Social Security has a disability appeal process that can take an individual from an initial disability claim all the way to federal court. The appeal steps, in order, are: 1. the request for reconsideration (the first appeal that takes place after the denial of a disability application),

2. the request for a hearing before an administrative law judge,

3. the appeals council review (the appeal following a denial by a judge at a disability hearing), and

4. federal district court (for those individuals who have been denied by the appeals council).

The disability appeal period is the same no matter what level of the disability process the claim is at. Social Security allows an individual a sixty-day appeal period that begins with the date of the disability decision notice plus five days for the mailing of the decisional notice. This means that an individual has sixty-five days total to file their appeal with their local Social Security office. The appeal must be received in the Social Security office within the sixty-five days to be a timely appeal.

If you want to make sure that your disability claim moves to the next level of the disability process, it is important for your appeals to be timely. If you are not timely, your disability appeal might be denied for late filing.

In general, Social Security claims representatives (these are the people who work in social security offices and take claims for retirement and disability benefits) are somewhat flexible with a late filed appeal...if the disability claimant can provide a statement with a reasonable reason as to why their disability appeal was filed late.

The granting of good cause (good cause exists when the social security administrations accepts a claimant's excuse for submitting something in an untimely fashion) for the late filing of an appeal is at the discretion of the claims representative (CR). And the CR will have the final word on this for a request for reconsideration that was sent in late.

However, even if a CR grants good cause for the late filing of a request for a disability hearing (the second appeal in the system), the person who will have the last and final word on accepting the late appeal will be the judge who ends up being assigned to hear the case.

To repeat: even if a CR grants good cause for the late filing of a request for an administrative law judge hearing, the judge does not have to concur. Administrative law judges are not very flexible when it comes to late filing and they often do not grant good cause.

In most cases, however, sixty-five days is plenty of time to file an appeal. Social Security has even added an online appeal filing process that may be more convenient for disability applicants and the online appeal process is often used by disability lawyers and non-attorney disability representatives.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

The Levels Of The Social Security Disability and SSI Application and Appeal Process
How does the Social Security Disability Appeal Process work?
Is it better to appeal or file a new claim if your disability is denied?
How Long Are You Given To Appeal Your Social Security Disability Denial?
How Long Does a Social Security Disability or SSI Appeal Take?
Will I be approved for disability on my appeal?
What Happens If I Miss My Social Security Disability Appeal Date?
How Do I Find Out How My Disability Appeal Is Going?
Can You Work While You Appeal Your Social Security Disability Decision?
How Long Does It Take To Get SSDI If You Have To Appeal?
If Your Disability Benefits Are Stopped Can You Get Them While You Appeal?
Winning a Social Security Disability Appeal or SSI Appeal

Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria