SSDI Appeals Council: When and How to Request Review
TL;DR: If the ALJ denied you, you have 60 days to request Appeals Council review. The Appeals Council rarely overturns ALJ decisions outright (about 1% to 3% result in a changed decision), but they remand roughly 12% to 15% of cases back to a different judge for a new hearing. File Form HA-520, identify specific legal errors the ALJ made, and submit any new evidence that was not available at the hearing.
The Appeals Council is the third level of the SSDI appeal process. After an unfavorable ALJ decision, you can ask the Appeals Council in Falls Church, Virginia to review your case. This is not another hearing. There is no testimony, no experts, and no face-to-face meeting. It is a paper review of whether the ALJ made legal or procedural errors.
When to Request Appeals Council Review
You should request review if your ALJ decision contains one or more of these problems:
- Legal error. The ALJ misapplied Social Security law or regulations.
- Unsupported findings. The ALJ's conclusions are not supported by the evidence in the record.
- Procedural error. The ALJ failed to follow proper procedures (did not consider all evidence, did not properly weigh medical opinions, did not explain the decision adequately).
- New and material evidence. You have evidence that was not available at the hearing and it is likely to change the outcome.
- Abuse of discretion. The ALJ's decision was unreasonable given the record.
How to File
The form
File Form HA-520 (Request for Review of Hearing Decision/Order) within 60 days of the ALJ's decision date (plus 5 days for mailing). You can submit it:
- Online through your my Social Security account
- By mail to the Appeals Council at the Office of Appellate Operations
- In person at your local SSA office
What to include
Your request should clearly identify the errors in the ALJ's decision. This is not a general complaint. Be specific:
- Point to the exact findings you dispute
- Cite the regulations or rulings the ALJ violated
- Explain how the error affected the outcome
- Attach any new evidence with an explanation of why it was not available before
A well-written brief from a disability attorney is extremely valuable at this stage. The Appeals Council is reviewing legal issues, not reassessing your symptoms.
What the Appeals Council Can Do
| Action | What It Means | Frequency |
|---|---|---|
| Deny review | The ALJ's decision stands. You have exhausted administrative remedies. | Most common (about 80%) |
| Grant review and issue decision | The Council changes the ALJ's decision (approve or modify) | Rare (1% to 3%) |
| Remand | Sends the case back to an ALJ for a new hearing | 12% to 15% |
| Dismiss | Request was late or procedurally deficient | Varies |
Remand: the most likely positive outcome
When the Appeals Council finds an error, they usually remand the case rather than deciding it themselves. Remand means a different ALJ (or sometimes the same one) holds a new hearing. This gives you another shot at the hearing level, which is where most approvals happen.
A remand is not a win, but it is a real opportunity. Read our guide on preparing for a remand hearing.
Timeline for Appeals Council Review
The Appeals Council is slow. Current average processing times range from 6 to 18 months, with many cases taking over a year. During this time you can:
- Continue gathering medical evidence
- Apply for other benefits (SSI if eligible, state disability programs)
- Consult with a disability attorney about federal court options
Common Errors That Lead to Remand
Based on Appeals Council decisions, the most common ALJ errors include:
- Failure to properly evaluate treating physician opinions. If the ALJ dismissed your doctor's RFC without adequate explanation, that is a strong basis for review.
- Cherry-picking evidence. The ALJ cited evidence supporting denial but ignored evidence supporting approval.
- Improper credibility analysis. The ALJ said your testimony was not credible without specific, legitimate reasons.
- Vocational expert errors. The hypothetical question to the VE did not include all of your established limitations.
- Failure to consider combined impairments. The ALJ evaluated each condition separately rather than considering their combined effect.
If the Appeals Council Denies Review
When the Appeals Council denies review, you have exhausted your administrative remedies. Your next option is filing in federal district court. You have 60 days from the Appeals Council's denial to file a civil action.
Federal court is a significant step. The court reviews whether the ALJ's decision was supported by "substantial evidence." You will almost certainly need an attorney for this stage. See our guide on SSDI federal court appeal.
Should You Have an Attorney at This Stage?
The Appeals Council reviews legal questions. Writing an effective brief requires knowledge of Social Security law, regulations, and case precedent. While you can file without a lawyer, having one significantly improves your chances of getting a remand.
If you did not have an attorney at the hearing level, this is the time to get one. Many disability attorneys will take cases at the Appeals Council stage because the fee comes from backpay that has been accumulating since your original onset date. Learn more about finding a disability lawyer.
Get Help With Your Appeals Council Request
ClaimPath's Appeal Pack ($49) includes guidance on identifying ALJ errors and organizing your Appeals Council request. For claimants at the ALJ hearing or Appeals Council stage, we connect you with experienced attorney partners who handle complex appeals.
Start your appeal preparation now.
Frequently Asked Questions
What is the process for ssdi appeals council: when and how to request review?
TL;DR: If the ALJ denied you, you have 60 days to request Appeals Council review. The Appeals Council rarely overturns ALJ decisions outright (about 1% to 3% result in a changed decision), but they remand roughly 12% to 15% of cases back to a different judge for a new hearing. File Form HA-520, identify specific legal errors the ALJ made, and submit any new evidence that was not available at the hearing.
When to Request Appeals Council Review?
You should request review if your ALJ decision contains one or more of these problems:
How to File?
File Form HA-520 (Request for Review of Hearing Decision/Order) within 60 days of the ALJ's decision date (plus 5 days for mailing). You can submit it:
What the Appeals Council Can Do?
When the Appeals Council finds an error, they usually remand the case rather than deciding it themselves. Remand means a different ALJ (or sometimes the same one) holds a new hearing. This gives you another shot at the hearing level, which is where most approvals happen.
What should I know about timeline for appeals council review?
The Appeals Council is slow. Current average processing times range from 6 to 18 months, with many cases taking over a year. During this time you can:
What should I know about common errors that lead to remand?
Based on Appeals Council decisions, the most common ALJ errors include:
What should I know about if the appeals council denies review?
When the Appeals Council denies review, you have exhausted your administrative remedies. Your next option is filing in federal district court. You have 60 days from the Appeals Council's denial to file a civil action.