The Appeals Council reviews SSDI denials that an Administrative Law Judge (ALJ) already turned down
After an ALJ denies your case at a hearing, you have one more federal review step before federal court: the Appeals Council. The Appeals Council is part of the Social Security Administration and sits in Falls Church, Virginia. It does not hold new hearings or take new evidence the way an ALJ does. Instead, it reads the written record from your case and decides whether the ALJ made a legal or factual error serious enough to reverse the decision.
You must request Appeals Council review within 60 days of the ALJ's written decision. This is a hard important date. If you miss it, your only option is to start over with a new process or file in federal court, which is far more expensive and slower.
The Appeals Council receives thousands of requests each year. Most are denied without a full review—the Council straightforward says the ALJ's decision was correct or that no legal error occurred. A small fraction are sent back to the ALJ for a new hearing. Even fewer are reversed outright by the Council itself.
Key Takeaways
- You must request Appeals Council review within 60 days of the ALJ's written decision, or you lose this step forever.
- The Appeals Council does not hold a hearing or take new medical evidence; it reviews only the record the ALJ already saw.
- Most requests are denied, but you can submit new evidence up to the time the Council issues its decision.
- If the Council reverses the ALJ, you win benefits; if it denies you, you can file in federal court within 60 days.
- The entire Appeals Council process typically takes 12 to 24 months, though some cases move faster.
When the Appeals Council will actually review your case
The Appeals Council has a legal rule called the "substantial evidence" standard. This means the Council will only overturn the ALJ if the decision was not supported by substantial evidence in the record—that is, relevant evidence a reasonable person would find convincing. The Council does not retry the case or decide whether it agrees with the ALJ's judgment. It asks only whether the ALJ had enough evidence to reach that judgment.
The Council is more likely to review your case if you show the ALJ made a clear legal mistake—for example, explore the wrong rule, ignoring a medical opinion without explanation, or failing to follow Social Security's own regulations. A disagreement about how much weight to give your doctor's opinion is usually not enough; the ALJ has broad power to weigh evidence.
The Council will also review if you present new evidence that was not in the record when the ALJ decided your case. This new evidence must be material—meaning it could change the outcome—and you must explain why you did not present it at the hearing. Common reasons the Council accepts: your doctor did not finish the records in time, you did not know about a medical test until after the hearing, or your condition worsened after the hearing date.
How to file a request for Appeals Council review
You file a form called the Request for Review of Hearing Decision/Order (Form SSA-561-U2). You can get this form from your local Social Security office, from the Social Security website, or from your representative if you have one. You do not need a lawyer to file, but many people use one because the legal arguments are technical.
Mail the completed form to the address shown in the ALJ's written decision. Do not mail it to your local Social Security office—it must go directly to the Appeals Council. Keep a copy for yourself and consider sending it by certified mail so you have proof of the date you mailed it. The 60-day clock runs from the date the ALJ mailed the decision, not the date you received it.
On the form, you must state why you believe the ALJ made an error. This is your chance to point out specific mistakes: a medical opinion the ALJ ignored, a rule the ALJ misapplied, or new evidence you want the Council to consider. Be concrete. Instead of "the ALJ did not believe me," write "the ALJ stated the claimant reported working 20 hours per week, but Exhibit 5F shows the claimant worked only 8 hours per week during the relevant period."
Submitting new evidence to the Appeals Council
You can send new medical records, test results, or other evidence to the Appeals Council even after you file your request. The Council must accept new evidence if it is material and you explain why you did not have it at the hearing. Material means the evidence could reasonably change the outcome of the case.
Send new evidence directly to the Appeals Council at the address listed in the ALJ's decision. Include a cover letter that explains what the evidence is, when you obtained it, and why it was not available at the hearing. The Appeals Council will add it to the record and consider it when it reviews your case.
Do not wait too long. The Council can close your case and issue a decision at any time after your request is received. If you have new medical evidence, send it as soon as you have it. If you are represented by a lawyer or non-lawyer representative, they can submit evidence on your behalf.
What happens after you file: the timeline and possible outcomes
After the Appeals Council receives your request, it enters a queue. The wait time varies widely depending on how many cases are pending and how complex your case is. Most cases take 12 to 24 months for a decision, though some are decided faster and others take longer.
The Council will send you a written decision. There are three main outcomes:
- The Council denies your request for review. This means the Council found no legal error and the ALJ's decision stands. You then have 60 days to file in federal court if you want to continue.
- The Council reverses the ALJ and awards benefits. This is a win. Social Security will begin paying you and will calculate your back pay from the date you were found disabled.
- The Council remands the case to the ALJ for a new hearing. This means the Council found an error but wants the ALJ to take another look, usually with new instructions on how to handle a specific issue. You will have another hearing with the ALJ.
If the Council remands your case, you will receive a notice telling you how to schedule the new hearing. You can request the same ALJ or a different one. The second hearing follows the same process as the first, but the ALJ must follow the Appeals Council's instructions.
Representation at the Appeals Council level
You do not appear in person at the Appeals Council. There is no hearing. Your representative—if you have one—communicates with the Council in writing only. Many people hire a lawyer or non-lawyer representative specifically for the Appeals Council stage because the arguments are legal and technical.
If you use a representative, they will file the request for review, write the legal brief explaining why the ALJ erred, and submit any new evidence. They will also monitor the case and notify you when a decision arrives. Representatives are paid a fee only if you win—either at the Appeals Council or later in federal court. The fee is capped by federal law at 25 percent of your back pay, up to a maximum of $7,200 (as of 2024, though this amount may change).
You can represent yourself, but you should understand that the Appeals Council expects detailed legal arguments. If you do represent yourself, write clearly, cite the specific parts of the record you are referring to, and explain exactly what rule or fact the ALJ got wrong.
When the Appeals Council will not review your case
The Appeals Council can dismiss your request without reviewing it if you miss the 60-day important date. There is no extension for good cause, no exception for people without lawyers, and no second chance. If you miss the important date, your case is closed at the Appeals Council level.
The Council can also dismiss if your request does not state any reason why the ALJ erred. If you straightforward write "I disagree with the decision," the Council may close the case without reviewing the merits. This is why it is important to be specific about what the ALJ got wrong.
If the Appeals Council denies your request or dismisses it, you have 60 days to file in federal court. Federal court review is expensive, slow, and limited to legal questions only—the judge will not retry your case or hear new evidence. But it is your last option within the Social Security system.
Frequently Asked Questions
Can I add new medical records after I file my Appeals Council request?
Yes. You can submit new evidence to the Appeals Council at any time before it issues a decision. Send it directly to the Appeals Council address with a letter explaining what it is and why you did not have it at the hearing. The Council must consider it if it is material—meaning it could change the outcome.
How long does the Appeals Council take to decide?
Most cases take 12 to 24 months. Some are decided faster, especially if they involve a clear legal error. Others take longer if the Council needs to request additional records or if the case is complex. There is no way to speed up the process, but your representative can call the Council to check on status after several months have passed.
What if the Appeals Council sends my case back to the ALJ for a new hearing?
You will receive a notice with instructions on how to schedule the new hearing. The ALJ must follow the Appeals Council's instructions, which usually tell the ALJ to reconsider a specific issue or to obtain additional medical evidence. The second hearing works the same way as the first.
Do I have to hire a lawyer for the Appeals Council?
No, but most people do because the arguments are technical and legal. If you represent yourself, be specific about what the ALJ got wrong and cite the exact parts of the record that support your argument. If you win, you can hire a lawyer for federal court instead.
What happens if the Appeals Council denies me?
You have 60 days to file in federal court. Federal court review is limited to legal questions only—the judge will not hear new evidence or retry your case. You will need a lawyer, and the process is slow and expensive. Many people do not pursue federal court, but it is your final option.