When an Administrative Law Judge denies your disability claim, you can appeal to the Appeals Council—a body within the Social Security Administration that reviews ALJ decisions. The Appeals Council is your final administrative appeal before federal court.

What the Appeals Council Does

The Appeals Council reviews ALJ decisions for legal errors, abuse of discretion, or decisions unsupported by substantial evidence. They can grant your claim, deny review, or remand the case to the ALJ for further proceedings. The Appeals Council rarely overturns ALJ decisions outright—most cases are either denied review or remanded.

The Appeals Council doesn't conduct new hearings or take testimony. They review the written record, including the ALJ's decision, hearing transcript, and any additional evidence you submit.

Deadline for Requesting Review

You have 60 days from receiving the ALJ's decision to request Appeals Council review. The SSA assumes you receive the decision five days after it's dated, so effectively you have 65 days from the decision date. Missing this deadline can forfeit your appeal rights.

If you have good cause for missing the deadline—such as serious illness or failure to receive the decision—you may request an extension, but approval isn't guaranteed. File as soon as possible after an unfavorable ALJ decision.

Grounds for Appeal

The Appeals Council will review your case if the ALJ abused discretion, made an error of law, the decision isn't supported by substantial evidence, or there's a broad policy or procedural issue involved. Simply disagreeing with the ALJ's conclusion isn't enough—you must identify specific legal errors or evidentiary failures.

Common grounds include ALJ failure to follow SSA regulations or Social Security Rulings, not properly evaluating medical opinions, failing to consider all your impairments in combination, improper credibility determinations without proper explanation, and failure to develop the record adequately.

Submitting New Evidence

You can submit new evidence to the Appeals Council if it's material to the period before the ALJ's decision and there's good cause for not submitting it earlier. New evidence must relate to the time period already decided—evidence of worsening conditions after the ALJ decision generally won't help.

Good cause for new evidence includes receiving records from medical providers who were slow to respond, obtaining medical opinions that weren't previously available, or discovering relevant evidence you didn't know existed.

The Request for Review Process

File your request using Form HA-520 (Request for Review of Hearing Decision). Include a statement explaining why the ALJ's decision was wrong, citing specific errors. Clearly identify the legal issues and point to evidence in the record that supports your position.

If you're represented by an attorney, they should submit a detailed legal brief analyzing the ALJ's errors. Self-represented claimants should still provide written arguments—the Appeals Council won't search for errors without guidance.

Possible Outcomes

Denial of review is the most common outcome. The Appeals Council decides your case doesn't meet the criteria for review. Denial of review means the ALJ's decision becomes the final decision of the SSA, which you can then appeal to federal court.

Remand sends the case back to an ALJ for further proceedings—perhaps to consider new evidence, correct procedural errors, or conduct a new hearing. Remands can result in approval but may also lead to another denial.

Decision means the Appeals Council issues its own decision, either favorable or unfavorable. This is less common than denial or remand.

How Long Does It Take?

Appeals Council review typically takes 6-18 months, though times vary by region and caseload. There's no way to expedite review except in dire need situations. The wait can be frustrating, but federal court appeals take even longer.

After the Appeals Council

If the Appeals Council denies review or issues an unfavorable decision, you can file a civil action in federal district court within 60 days. Federal court is the only option after the Appeals Council—there's no further administrative appeal.

Filing in federal court requires legal expertise. Most disability attorneys will evaluate whether federal court appeal is worthwhile based on the specific errors in your case.

Getting Legal Help

Appeals Council requests require legal analysis and strategic presentation. Disability attorneys understand how to identify ALJ errors and present arguments effectively. If you weren't represented before, consider getting an attorney for the Appeals Council stage—the legal complexity increases significantly.