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  How do I appeal a Social Security decision?
  Question
  What do I do if I disagree with the decision that SSA has made on my application for benefits?
  Answer
 

The Social Security Administration wants to be sure that every decision made regarding a Social Security or Supplemental Security Income claim is correct. We consider all the information in a claim before a decision is rendered regarding eligibility or benefit amount. If we decide a person is not eligible or is no longer eligible for benefits, or that the amount of payment should be changed, we send a notice explaining our decision.

If an individual disagrees with the decision, they can request a review. This is called an "appeal." The request for an appeal must be made in writing within 60 days (plus 5 days mailing time) from the date of the notice they receive. Under certain conditions, an extension of this time frame can be granted. There are four levels in the appeals process.

They are:

RECONSIDERATION: A reconsideration is a complete review of the claim by someone other than the individual who made the original decision. All evidence, plus any additional evidence submitted, will be reevaluated and a new decision will be rendered. If an individual disagrees with the reconsidered decision, they can choose to go to the next level of the appeals process. SSA uses form SSA-561-U2 for reconsideration requests.

HEARING: A hearing will be conducted by an Administrative Law Judge (ALJ). The individual and/or their representative may come to the hearing and present their case in person. The ALJ will evaluate all the evidence on record, plus any additional evidence brought to the hearing, and will render a decision. A "Notice of Decision" will be issued to the individual and their representative. If they disagree with the hearing decision, they can choose to go to the next level of appeal. SSA uses form HA-501-U5 for hearing requests.

APPEALS COUNCIL: The Appeals Council may decide to issue its own decision, remand the case to the ALJ to issue another decision, or allow the ALJ's decision to stand. The appellant will receive a copy of the Appeals Council's action.  SSA uses form HA-520-U5 to appeal an Administrative Law Judge's decision.

FEDERAL COURT REVIEW: If the claimant disagrees with the Appeals Council's action, he or she has the right to file a civil suit in Federal District Court.

Many people handle their own appeals, but they can choose an attorney or non-attorney to help them. Your representative cannot charge or collect a fee from you without first getting written approval from Social Security. for See Appointment of Representative for a necessary form.

For more information, you may call our toll-free number, 1-800-772-1213, and ask for our fact sheet called "The Appeals Process," publication number 05-10041, and "Social Security And Your Right to Representation," publication number 05-10075.   People who are deaf or hard of hearing may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on Monday through Friday.

You can immediately request your appeal online or obtain the necessary forms that should be sent to your local office. You can also access our publications on the Internet.


  File Attachments
   • HTML document Request for Reconsideration
 • HTML document Request for Hearing
 
 
 
  
 
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