Skip to content

General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

No Win No Fee

Think you have a claim? Time limits apply, so get a free case review from Cross & York today.

Start your claim

SSDI Denial and Appeals Process

United States (federal and general)Last reviewed 18 September 2026

Most first-time Social Security disability applications are denied, but a denial is not final. You can appeal through four levels: reconsideration, a hearing before an administrative law judge, the Appeals Council and federal court, and each appeal must generally be requested within 60 days of the notice.

The Four Levels of Appeal

Direct Answer: After an initial denial you can request reconsideration, then a hearing before an administrative law judge, then review by the Appeals Council, and finally file a lawsuit in federal district court.

Each step has its own deadline, generally 60 days from the date you receive the notice, and SSA presumes you receive it five days after the date on it. Missing a deadline can force you to start again, and it can cost you months or years of back benefits. The hearing before an administrative law judge is where many claims are approved, because you can present evidence and testimony in person.

How SSA Decides: Five Steps

Under 20 C.F.R. § 404.1520, SSA asks in order: whether you are working at a level that counts as substantial gainful activity; whether you have a severe impairment; whether the impairment meets or equals a listed impairment; whether you can do your past relevant work; and whether, given your age, education and work experience, you can do other work. Medical evidence, treatment history and a doctor's opinion of your limits carry most weight.

Eligibility Basics

SSDI requires enough work credits and a medically determinable disability that has lasted or is expected to last at least 12 months or result in death, and benefits begin after a five-full-calendar-month waiting period. SSI, a separate need-based program, has different rules. See our SSDI versus SSI guide.

Frequently Asked Questions

How long do I have to appeal an SSDI denial?

Generally 60 days from when you receive the denial notice, which SSA treats as five days after the date on it. A late appeal needs a good reason, so act promptly.

Should I appeal or file a new application?

Usually appeal. A new application can lose back pay and start a new waiting process, though a new application may be appropriate if your condition has materially changed. Take advice.

What are the four levels of appeal?

Reconsideration, a hearing before an administrative law judge, review by the Appeals Council, and a lawsuit in federal district court.

How does SSA decide if I am disabled?

Through a five-step evaluation: work activity, severity of impairment, whether it meets a listing, whether you can do past work, and whether you can do other work.

Do I need a lawyer to appeal?

You can appeal on your own, but a representative can help gather medical evidence and present your case, particularly at the hearing. Fees are limited and paid from back benefits.

Is there a waiting period for SSDI?

Yes, five full calendar months from the date your disability began before SSDI benefits are payable.

You May Also Be Interested In

Social Security Disability

SSDI and SSI claims and appeals

Read more

SSDI vs SSI

Two programs with different rules

Read more

Social Security Disability Lawyer Fees

The 25% fee and $9,200 cap

Read more

Veterans Claims

VA disability claims and appeals

Read more

How Contingency Fees Work

Step-by-step from free consultation to settlement

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. SSA — Disability benefits

    SSA's official guidance on applying for SSDI and SSI, including how to appeal a denial. Denials can be appealed through reconsideration, an administrative law judge hearing, the Appeals Council and federal court.

  2. 20 C.F.R. § 404.1520 (five-step sequential evaluation of disability)

    SSA decides disability claims in five steps: whether you are working at substantial gainful activity; whether you have a severe impairment; whether it meets a listing; whether you can do past relevant work; and whether you can do other work given your age, education and experience.

  3. 20 C.F.R. § 404.315 (who is entitled to disability benefits)

    SSDI requires insured status from sufficient work credits and a disability that has lasted or is expected to last at least 12 months or result in death, with benefits starting after a five-full-calendar-month waiting period.

  4. SSA — Fee agreements for representing Social Security claimants

    Under the fee agreement process, an approved representative's fee is 25% of past-due benefits or a dollar cap, whichever is less. The cap is $9,200 for favourable decisions on or after 30 November 2024 and can be raised only by a published SSA notice.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Cross & York what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Fees for injury cases are commonly contingent, so you pay nothing upfront if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.