SSA Appeals Council
The third level of SSA's appeals process, after a hearing with an Administrative Law Judge.
The SSA Appeals Council is the third step in Social Security's disability appeal process. After a denial at the Administrative Law Judge (ALJ) hearing, a claimant has 60 days to ask the Appeals Council in Falls Church, Virginia to review the decision. The Council can do four things: deny review (the ALJ decision stands), grant review and decide the case itself, send the case back to the ALJ for a new hearing (a 'remand'), or dismiss the appeal. Most requests are denied review, but a meaningful share are remanded — often because the ALJ failed to consider all evidence, did not properly evaluate medical opinions, or did not address vocational issues clearly. New evidence is allowed in limited situations. If the Appeals Council denies review or issues an unfavorable decision, the next step is filing a federal court lawsuit in U.S. District Court within 60 days. Many claimants use a representative or attorney at this stage.
In real life
- A claimant denied at the ALJ hearing files Form HA-520 within 60 days for Appeals Council review.
- The Appeals Council remands a case after finding the ALJ ignored a treating doctor's opinion.
- A claimant whose Appeals Council request is denied files a federal court lawsuit within 60 days.
Also known as
Frequently asked questions about SSA Appeals Council
How long do I have to appeal?+
60 days from the ALJ decision (plus 5 mailing days). Late appeals need a good cause statement.
Can I add new evidence?+
Only if it is new, material, and relates to the period before the ALJ decision (with limited exceptions).
How long does Appeals Council review take?+
Often 12 to 18 months, sometimes longer.
What happens after the Appeals Council?+
If still denied, you can sue in U.S. District Court within 60 days.
Source: ssa.gov