Disability › Denied

I was denied disability. What do I do now?

For anyone holding a disability denial letter from Social Security. By the end you’ll know your deadline, the four levels of appeal, and how to file the first one.

How long do I have to appeal?

The 60 days start when you receive the letter. SSA assumes you received it 5 days after the date on it, unless you can show it arrived later. The same rule applies to SSDI and SSI.

Example: your letter is dated March 2, 2027. SSA assumes it arrived March 7. Sixty days after that is May 6, 2027. That is your last day.

If the last day falls on a Saturday, Sunday or federal holiday, SSA’s rules give you until the next day that is not one of those.

What if I miss the deadline?

You can ask SSA to accept a late appeal if you had a good reason, called good cause. SSA decides whether your reason is good enough, so treat this as a backup, not a plan.

SSA’s rules list examples where good cause may exist, including:

• You were seriously ill and couldn’t contact SSA yourself or through someone else.
• Someone in your immediate family died or was seriously ill.
• Important records were destroyed or damaged by fire or another accident.
• SSA gave you wrong or incomplete information about how or when to appeal.
• You never received the decision letter.
• You sent your appeal to another government agency on time, in good faith.

SSA also considers whether a physical, mental, educational or language limitation kept you from filing on time. If you are late, ask in writing and explain why.

What are the four levels of appeal?

Social Security gives you four chances to appeal a decision. Each one comes after the one before it.

The deadline is the same at the first three levels: 60 days from when you receive the decision, counted as 5 days after the date on the letter. That covers asking for reconsideration, asking for a hearing, and asking the Appeals Council for review, for both SSDI and SSI. Each decision letter explains how to appeal to the next level. Read it the day it arrives.

How do I ask for reconsideration?

1. Find the date on your letter. Work out your deadline with the tool above and write it on your calendar.
2. Start the request. Go to SSA’s appeal page, or call 1-800-772-1213 (TTY 1-800-325-0778), Monday to Friday, 8 a.m. to 7 p.m.
3. Update your medical information. List any new doctors, tests, treatments or hospital stays since you applied. Ask your doctors to send recent records.
4. Read why you were denied. The letter explains SSA’s reasons. Your new information should speak to them.
5. Keep proof. Save a copy of everything you send and note the date you filed.
6. Check your status. Sign in to your my Social Security account, or call 1-800-772-1213 and say “application status.” The status line covers appeals too.

Is it worth appealing?

A first denial is not a final answer. Before you decide to give up or start a brand-new application, weigh three things:

• You have four chances. The process is built so that a decision can be looked at again, with new evidence.
• Your coverage for SSDI has an end date. SSDI depends on recent work. SSA warns that if you stop working, you may not keep meeting its work requirement in the future. That end date is called your date last insured. See the 5-year rule.
• Your age counts. If you are 50 or older, SSA’s rules give more weight to age when deciding whether you could do other work. See how age works in your favor.

What SSA’s numbers show. SSA tracks what happened to disability applications filed by workers in 2020, and nearly all of them are now decided. Of the medical decisions made at each level:

These figures cover SSDI claims, including the SSDI part of claims for both programs, but not SSI-only claims. They describe everyone, not your case. Your own odds depend on your medical evidence and work history.

Appeals take time. SSA’s own figures show months of waiting at each level, so the sooner you file, the sooner you get an answer.

Do I need to pay someone to appeal?

You can file a reconsideration request yourself. Some people hire a representative, especially for the hearing. SSA limits what a representative can charge. Our hearing guide shows the exact fee rules so you can decide with the facts.

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Benefits Insider is an independent publisher, not a government agency. This page is general information, not legal or financial advice for your situation. For a decision on your case, contact Social Security at 1-800-772-1213 or your state Medicaid office.