The SSDI Appeals Process

Reconsideration is a review of your initial application by a different Social Security disability examiner who was not involved in the original decision. You can submit new medical evidence at this stage.

The approval rate at reconsideration is low — typically 10–15% — because the same DDS (Disability Determination Services) office is reviewing the case under the same standards. Most claimants who are ultimately approved get there at the ALJ hearing, not at reconsideration.

However, you must request reconsideration before you can request an ALJ hearing. Skipping this step is not an option (with limited exceptions in some prototype states).

The ALJ (Administrative Law Judge) hearing is the most important stage of the SSDI appeals process. This is where most claims are ultimately won or lost.

Unlike the paper review at initial application and reconsideration stages, the ALJ hearing allows you to appear in person (or by video) before a judge, present testimony, have your attorney argue your case, and cross-examine any vocational or medical experts the SSA presents.

The average wait for an ALJ hearing is 12–20 months depending on your region. Use this time to gather additional medical evidence and ensure your treating physicians have documented your limitations thoroughly.

The SSA's Appeals Council in Falls Church, Virginia reviews ALJ decisions. Unlike the ALJ hearing, the Appeals Council does not hear testimony — it reviews the written record for legal errors, procedural violations, or decisions against the weight of evidence.

The Appeals Council can affirm, reverse, or remand (send back) the ALJ's decision. Remands — which send the case back to an ALJ for a new hearing — are more common than direct reversals. A remand gives you another chance at the ALJ hearing level.

If the Appeals Council denies review or issues an unfavorable decision, you may file a civil lawsuit in U.S. District Court. A federal judge reviews whether the SSA's decision was supported by substantial evidence and whether the SSA correctly applied the law.

Federal court cases almost always require an attorney experienced in Social Security law. The court does not hold new hearings — it reviews the administrative record. Successful federal court cases often result in remands back to the ALJ level.