How long do you have to appeal a Social Security disability denial?
The Social Security Administration generally requires a reconsideration request within 60 days after receiving its decision. Deadlines and appeal options can differ from case to case, so read the notice you received carefully and contact the Social Security Administration or an attorney promptly. The SSA’s reconsideration instructions are available here.
If you received a denial letter from Social Security for disability benefits as a result of your application, don’t be discouraged. Many applications are denied at the initial application level.
Unfortunately, most people, once they receive their denial letter, lose hope of obtaining benefits they may qualify to receive and abandon any further effort. Many people who are denied never use the appeal process that is allowed by the Social Security Administration.
For people who take advantage of the appeals process, some who were initially denied eventually receive disability benefits.
There are multiple appeal options. Some of those options include:
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Reconsideration
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Hearing in front of an Administrative Law Judge
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Review by the Social Security Appeals Council
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Suit against the Social Security Administration in Federal District Court
Each of these options require certain filings with the Social Security Administration and those filings must be done within certain time limits.
Also, each different type of appeal will require different types of proof as to why the previous decision of denial is incorrect.
Hypothetical example
A first denial letter
Robert has a heart condition. Five months after applying, he gets a letter saying his claim was denied.
How it works: The first appeal level is called reconsideration. Social Security generally requires the request within 60 days after you receive the letter. It assumes you received it five days after the date printed on it, unless you show otherwise.
What matters: Calling a law office or asking for a case evaluation does not file an appeal or stop the deadline. He must submit the appeal request to Social Security within the applicable deadline.
Next step: Robert notes when he received the letter, checks its appeal instructions, and promptly requests reconsideration through Social Security. He can also contact an attorney about representation.
Source: SSA: Request reconsideration; SSA: The appeals process; SSA: Appeal a decision
This is a made-up example to explain the process. It is not a real client, does not predict any result, and is not legal advice for your situation.