Last updated 2026-07-10
TL;DR
You have 60 days from the date you receive an ALJ hearing decision to file a Request for Review with the Social Security Appeals Council, plus 5 days the SSA assumes for mail delivery, giving you 65 days total from the decision date. Missing this window usually ends your current appeal path unless you can show good cause for the delay.
What is the deadline to appeal to the Appeals Council?
The hard deadline is 65 days from the date printed on your Administrative Law Judge (ALJ) decision letter. Social Security's regulations at 20 CFR § 404.968 set the appeal window at 60 days, but SSA automatically adds 5 days because it presumes you receive mail five days after the decision date. So if your ALJ decision is dated June 1, you have until August 5 to get your Request for Review (Form HA-520) to the Appeals Council. [1]
That date is not a suggestion. If you file on day 66 without an approved good-cause extension, the Appeals Council will dismiss your request without reviewing the merits of your case. That dismissal is itself a final agency action, which means your case is essentially dead at the administrative level.
The clock runs whether or not you actually read the decision. SSA's presumption of receipt kicks in automatically, so do not wait to open the envelope.
How do you count the 65 days correctly?
Start counting from the day after the date on the decision letter. Day one of your 65-day window is the day after the decision date. Day 65 is your deadline. If day 65 falls on a weekend or a federal holiday, the deadline shifts to the next business day. [1]
Here is a quick example. ALJ decision dated Monday, June 2, 2025. Day 1 is June 3. Day 65 lands on Saturday, August 6. The deadline shifts to Monday, August 8.
The 5-day mail presumption is already baked into the 65-day total. Do not add another 5 days on top of 65. Some people misread the regulation and think they get 60 days from when they actually receive the letter, then add 5, then wonder why their request was dismissed.
| Scenario | Decision Date | Deadline (Day 65) | Notes |
|---|---|---|---|
| Standard | June 1, 2025 | August 5, 2025 | Straightforward count |
| Weekend landing | June 2, 2025 | August 6 (Sat) → August 8 | Shifts to next business day |
| Federal holiday | July 4 decision | September 7 (Mon) example | Verify with SSA calendar |
| Good cause granted | Any | Extended | Must apply in writing |
Mark this date on your calendar the day you receive the ALJ decision. Then set a reminder two weeks out. Waiting until the last week is a real risk.
What counts as good cause for missing the Appeals Council deadline?
SSA can extend the 65-day deadline if you show "good cause" for the late filing. The agency evaluates good cause under 20 CFR § 404.911, which lists factors like serious illness that prevented you from filing, a death in the family, destruction of records by fire or flood, or circumstances beyond your control that made filing on time genuinely impossible. [2]
Good cause is not automatic and is not guaranteed. "I forgot" or "I didn't understand the deadline" almost never qualifies. Having a representative who missed the deadline does not automatically qualify either, though SSA may consider whether you were misled.
To request a good-cause extension, you write to the Appeals Council explaining why you filed late and attach any supporting documentation (hospital records, a death certificate, a police report for a natural disaster, etc.). The Appeals Council then decides whether to accept your late filing before it even looks at the merits.
If SSA denies good cause, you will get a dismissal notice. You can appeal that dismissal to federal district court, though the standard for overturning a good-cause denial is high.
Practical takeaway: never count on good cause. File before the deadline, even if your submission is incomplete, and then supplement it.
How do you actually file the Request for Review?
The form you need is HA-520, "Request for Review of Hearing Decision/Order." SSA publishes it at ssa.gov. [3] You can submit it three ways: mail it to the Appeals Council in Falls Church, Virginia; file it online through your my Social Security account; or hand-deliver it to your local Social Security office, which will timestamp it and forward it.
Mailing address: Social Security Administration Office of Appellate Operations 5107 Leesburg Pike Falls Church, VA 22041-3255
If you mail it, use certified mail with return receipt. That green card is your proof of the filing date. SSA uses the postmark date, not the received date, for mailed submissions. [3] Keep the receipt and a copy of the form.
The form itself asks you to briefly explain why you disagree with the ALJ's decision. You do not need to write a legal brief at this stage. A few sentences identifying the error (the ALJ ignored my treating physician's opinion; the ALJ's credibility finding was not supported by the record) is enough to get the case in front of the Council. You can submit a detailed legal brief later.
If you have a representative, they file on your behalf and sign the form. The deadline still applies to them.
Services like DisabilityFiled can help you organize your claim history and documents so you have everything ready when you file the HA-520.
What happens after you file the HA-520?
Once the Appeals Council receives your request, it will send an acknowledgment. From there, the wait is long. The Appeals Council handles a massive backlog; average processing times have ranged from roughly 12 to 18 months in recent years, though SSA does not publish a reliable current average. [4]
The Council has three options. It can deny review, which leaves the ALJ decision in place as the final agency action. It can grant review, which means it takes the case and can affirm, reverse, or modify the ALJ decision. Or it can remand the case back to an ALJ for a new hearing.
A denial of review is not necessarily a loss, though it feels like one. A denial simply means the Appeals Council did not find a reason to change the ALJ decision. After a denial, you have 60 days to file suit in federal district court under 42 U.S.C. § 405(g). That is a separate deadline from the Appeals Council deadline, and it is also hard. [5]
If the Council grants review or remands, you will receive a notice explaining the next steps. A remand means a new ALJ hearing, which restarts the evidentiary process.
To understand what is happening with the broader disability review process right now, it helps to know that Social Security is bringing all medical disability reviews in-house, which may affect how cases are handled at every level.
What are the chances the Appeals Council will actually grant review?
Bluntly, the odds are not great. SSA's own data shows the Appeals Council denies review in roughly 80 to 85 percent of cases it receives. [4] That means the Council decides the ALJ did not make a reviewable legal or factual error in the vast majority of requests.
The Council prioritizes cases where the ALJ's decision contains an error of law, applied the wrong legal standard, or where there is new and material evidence that was unavailable at the hearing. Simply disagreeing with the ALJ's assessment of your credibility or the weight given to evidence is usually not enough on its own.
New evidence is worth understanding specifically. Under 20 CFR § 404.970, the Appeals Council will consider new evidence if it is related to the period on or before the ALJ decision date, and if there is a reasonable probability the evidence would change the outcome. Evidence of a worsening condition after the ALJ decision does not meet this standard for the current case, though it may support a new application. [6]
None of this means you should skip the Appeals Council. The step is required before you can go to federal court, so you have to do it. And occasionally, a well-written brief with a clear legal error identified does get the case remanded.
Should you get a representative before filing with the Appeals Council?
Yes, if you can. The Appeals Council level is where legal argumentation starts to matter more than it did at the initial and reconsideration stages. The Council is reviewing the ALJ record for legal error, not holding a new hearing, so knowing how to identify and articulate those errors in writing is genuinely helpful.
Disability attorneys and non-attorney representatives typically work on contingency for SSDI cases, capped by regulation at 25 percent of past-due benefits or $7,200, whichever is less (the cap was raised to $7,200 effective November 2022). [7] You pay nothing unless you win. That fee comes out of your back pay, not your pocket.
That said, filing the HA-520 yourself to beat the deadline is far better than waiting for a representative and missing it. File first. Find a representative second. You can amend your submission or submit a legal brief after the Council accepts your request.
You can find social security disability attorneys and firm partners who handle Appeals Council cases. The National Organization of Social Security Claimants' Representatives (NOSSCR) also maintains a directory at nosscr.org.
Learn more about applying for social security disability if you are still early in the process.
Can you file a new SSDI application instead of appealing?
Yes, and sometimes that is the right move. But it depends on your age, the onset date you are claiming, and whether there is a gap in your insured status.
If you file a new application after an ALJ denial, you are generally stuck with the day after the ALJ decision as the earliest possible new onset date. You cannot re-argue the period the ALJ already decided on (unless the Appeals Council or a court overturns it). If your medical condition has genuinely changed or worsened, a new application may capture that new period well.
For people over 50, age categories in the medical-vocational grid rules change at 50, 55, and 60. If you are about to cross one of those age thresholds, a new application may be worth filing alongside the Appeals Council request, so you do not lose time in a new category.
Filing a new application does not stop the Appeals Council deadline. The two paths run simultaneously. You can appeal and file a new application at the same time. Many claimants do exactly that.
Learn more about social security disability benefits and how the full system fits together.
What if you were never notified of the ALJ decision?
This is rare but happens. SSA is required to send the decision to your address of record and to your representative's address if you have one. If you moved and did not update your address, that is generally on you, and SSA's presumption of mail delivery still runs from the decision date.
If you can show that SSA sent the notice to the wrong address due to the agency's own error, that is strong good-cause material. Document everything: your address change submissions, any returned mail, any communications with SSA around that time.
If you have a representative and they did not forward the decision to you, that is a problem between you and your representative, but SSA's clock still ran from the date SSA mailed it to the representative. The Appeals Council may consider whether the representative's failure to notify you constitutes good cause, but there is no guarantee.
The takeaway here is simple. Keep your address current with SSA at all times during your appeal. Log into your my Social Security account and verify the address on file every time you have a hearing or expect a decision.
How does the Appeals Council deadline compare to other SSDI appeal deadlines?
Every level of the SSDI appeal process has a 65-day window (60 days plus 5 days for mail). That consistency makes it easier to remember, but also means you can lose your appeal rights at any level by waiting.
| Appeal Level | Form | Deadline | Next Step If Denied |
|---|---|---|---|
| Initial denial | SSA-561 (Reconsideration) | 65 days from denial notice | Reconsideration decision |
| Reconsideration denial | HA-501 (ALJ Hearing Request) | 65 days from denial notice | ALJ hearing |
| ALJ decision | HA-520 (Appeals Council) | 65 days from decision date | Federal district court |
| Appeals Council denial | Complaint in district court | 60 days from denial notice | Federal litigation |
Note the last row: the federal court deadline is 60 days, not 65. The presumption of mail delivery still applies, but the base window is shorter at that stage under 42 U.S.C. § 405(g). [5]
For context on what a successful case eventually pays, see the social security disability benefits pay chart to understand how monthly amounts are calculated.
Tracking your case and key dates is exactly the kind of task DisabilityFiled's guided intake is built for, pulling together your decision history and deadlines into a usable summary so nothing gets buried in a stack of mail.
What should you do in the days right after receiving an ALJ denial?
First, write down the date printed on the decision letter. Count forward 65 days on a calendar and mark that date in red. Everything else flows from that anchor.
Second, read the decision carefully and note the specific reasons the ALJ gave for denying. Did the ALJ say your condition is not severe enough? Did the ALJ reject your treating doctor's opinion without adequate explanation? Did the ALJ find you not credible without pointing to specific evidence? These are the types of errors the Appeals Council actually cares about.
Third, gather your records. If you have medical evidence that existed before the hearing date but was not submitted into the record, that evidence may be submittable to the Appeals Council as new and material evidence under 20 CFR § 404.970. [6] Do not confuse this with evidence of a new or worsening condition after the decision date.
Fourth, find a representative if you do not have one. Even if you cannot get a representative before the deadline, at least have a consultation so you understand the legal arguments available to you.
Fifth, file the HA-520 well before day 65. There is no benefit to waiting. Filing early does not hurt you. Filing late ends your case.
For current information on benefit amounts while your case is pending, the social security disability benefits payment schedule explains how payments work once a case is approved.
Frequently asked questions
What is the exact deadline to file with the Social Security Appeals Council?
The deadline is 65 days from the date on your ALJ decision letter. That is 60 days set by 20 CFR § 404.968, plus 5 days SSA adds automatically to account for mail delivery. If day 65 falls on a weekend or federal holiday, the deadline moves to the next business day. Mark this date the moment you open your decision letter.
Does the 65-day clock start when I receive the letter or when it's dated?
It starts from the date printed on the letter, not the day you actually open it. SSA presumes you received the letter 5 days after the decision date, and those 5 days are already included in the 65-day total. So even if your mail was delayed or you were traveling, the clock ran from the decision date.
What is Form HA-520 and where do I get it?
HA-520 is the Request for Review of Hearing Decision/Order. It is the form you submit to the Appeals Council to start your appeal. You can download it from SSA.gov, complete it through your my Social Security online account, or ask for a paper copy at any local Social Security office. The form asks you to briefly describe why you disagree with the ALJ's decision.
Can I get more time to appeal to the Appeals Council?
Yes, if you can show good cause for the delay under 20 CFR § 404.911. Qualifying reasons include serious illness, hospitalization, a death in the family, or a natural disaster that destroyed your records. Forgetting the deadline or not understanding it almost never qualifies. You must request the extension in writing and attach documentation. Good cause is evaluated case by case and is not guaranteed.
What happens if I miss the Appeals Council deadline?
The Appeals Council will dismiss your request without reviewing the merits. That dismissal is a final agency action. You can apply to the Council for a good-cause extension, or challenge the dismissal in federal district court, but both are difficult paths. If no extension is granted, your only practical option is usually to file a new disability application, which will have a new onset date.
How long does the Appeals Council take to make a decision?
Processing times have generally ranged from 12 to 18 months, though the backlog fluctuates and SSA does not publish a current real-time average. After you file the HA-520, you receive an acknowledgment and then wait. The Council may request additional briefing or evidence during that time. Do not expect a fast turnaround.
What are the chances the Appeals Council will grant my review?
The Appeals Council denies review in roughly 80 to 85 percent of cases it receives, based on SSA's own annual statistical data. The Council looks primarily for legal errors in the ALJ decision, application of the wrong standard, or new and material evidence. Simply disagreeing with the outcome is not enough. A well-identified legal error, clearly argued, gives you the best realistic shot.
Can I submit new evidence to the Appeals Council?
Yes, under 20 CFR § 404.970, but only if the evidence relates to the period on or before the ALJ's decision date, and only if there is a reasonable probability it would change the outcome. Evidence of a new or worsening condition after the ALJ decision date does not qualify for the current claim; it would support a new application instead.
Do I need a lawyer to appeal to the Appeals Council?
You are not required to have one, but it helps significantly. The Appeals Council reviews the record for legal error, not facts, so knowing how to frame the argument in legal terms matters more than at earlier stages. SSDI attorneys work on contingency, capped at 25 percent of back pay or $7,200, whichever is less. File the HA-520 yourself if the deadline is close, then find a representative.
Can I file a new application while my Appeals Council case is pending?
Yes. Filing a new application does not pause or cancel the Appeals Council request, and the Appeals Council appeal does not prevent you from filing a new application. Many claimants run both tracks simultaneously. A new application will generally use the day after the ALJ decision as the earliest possible new onset date for the period not already adjudicated.
What if my doctor sent new records after the ALJ hearing but before the decision?
If those records were not included in the hearing record, they may qualify as new and material evidence for the Appeals Council, provided they relate to the period before the decision date and could reasonably change the outcome. Submit them with your HA-520 or as a supplement shortly after. Explain in writing why they were not available at the hearing.
After the Appeals Council denies review, can I still go to federal court?
Yes. A denial of review by the Appeals Council makes the ALJ decision the final agency action, which you can challenge in federal district court under 42 U.S.C. § 405(g). The deadline for that federal court filing is 60 days from the date of the Appeals Council denial notice, plus the same 5-day mail presumption. Federal litigation is complex and almost always requires an attorney.
Where do I mail the HA-520 form?
Mail it to: Social Security Administration, Office of Appellate Operations, 5107 Leesburg Pike, Falls Church, VA 22041-3255. Use certified mail with return receipt so you have proof of the postmark date. SSA uses the postmark date, not the date it arrives, to determine whether you filed on time. Keep a copy of the completed form for your records.
What is the deadline to appeal an SSI denial to the Appeals Council?
The SSI deadline is the same: 65 days from the date of the ALJ decision, under 20 CFR § 416.1468, which mirrors the SSDI rule at 20 CFR § 404.968. The same good-cause provisions apply, the same form (HA-520) is used, and the same Appeals Council in Falls Church handles both SSI and SSDI appeals.
Sources
- SSA, Code of Federal Regulations, 20 CFR § 404.968: Claimants have 60 days after receiving notice of the ALJ's decision to request Appeals Council review; SSA presumes receipt 5 days after the date of the notice.
- SSA, Code of Federal Regulations, 20 CFR § 404.911: SSA may extend a filing deadline if the claimant shows good cause, considering factors such as serious illness, death in the family, or destruction of records by fire or flood.
- SSA, Form HA-520, Request for Review of Hearing Decision/Order: Form HA-520 is the official form used to request Appeals Council review; it can be mailed to the Office of Appellate Operations in Falls Church, VA or filed online.
- SSA, Office of Appellate Operations, Appeals Council Data: The Appeals Council denies review in approximately 80 to 85 percent of cases it receives; processing times have ranged from roughly 12 to 18 months.
- U.S. Code, 42 U.S.C. § 405(g): After a final agency decision, a claimant may file a civil action in federal district court within 60 days of receiving notice of the Appeals Council decision.
- SSA, Code of Federal Regulations, 20 CFR § 404.970: The Appeals Council will consider new evidence if it is related to the period on or before the ALJ decision date and there is a reasonable probability it would change the outcome.
- SSA, Program Operations Manual System (POMS), Fee cap for disability representatives: The maximum fee a disability representative may charge is 25 percent of past-due benefits or $7,200, whichever is less, effective November 2022.
- SSA, Code of Federal Regulations, 20 CFR § 416.1468: The SSI Appeals Council deadline mirrors the SSDI rule: 60 days from receipt of the ALJ's decision, with 5 days presumed for mail delivery.
- SSA, Hearings, Appeals and Litigation Law Manual (HALLEX), I-3-0-1: The Appeals Council can affirm, reverse, modify, or remand ALJ decisions, and may dismiss requests that are not timely filed without good cause.
- SSA, Annual Statistical Report on Social Security Disability Insurance, 2023: SSA publishes annual data on Appeals Council review rates, showing the high proportion of cases where review is denied.
- SSA, my Social Security online portal: Claimants can file the HA-520 online through the my Social Security portal as an alternative to mailing the paper form.