SSA Disability Appeals — Level 3 of 4
Appeals process overview / Appeals Council
Appeals Council Review
Should the Appeals Council review, change, or send back the ALJ’s decision?
Appeals Council review is the last administrative level inside SSA. It usually reviews the written record rather than holding a new hearing. You can request review after an ALJ decision or dismissal.
A review of the hearing record
The Appeals Council is headquartered in Falls Church, Virginia, with additional offices. It generally reviews the hearing record, the ALJ’s decision, and the reasons you give for review; it does not ordinarily take new testimony. Follow the current notice and Form HA-520 instructions for where to submit a paper request—the mailing address is not necessarily the Council’s headquarters.
You can request review if you believe the ALJ made a legal error, the findings are not supported by substantial evidence, there was an abuse of discretion, or another review ground applies. The Council decides whether to take action; disagreement alone does not guarantee review.
File Form HA-520 within 60 days
You generally have 60 days after you receive the ALJ’s decision or dismissal notice. SSA presumes receipt five days after the notice date unless you show it arrived later. You can use Form HA-520, submit a written request, or use SSA’s online process. File first rather than waiting for a representative or evidence to be ready.
New evidence has strict limits
The Appeals Council may consider additional evidence only under specific rules. In general, evidence must be new, material, relate to the period on or before the ALJ decision, and create a reasonable probability of changing the outcome. You also need good cause for not submitting it earlier. A record showing only that your condition worsened after the ALJ decision may not qualify for this review.
Possible Appeals Council actions
The Council may deny review, dismiss the request, issue its own decision, or grant review and remand the case for more proceedings. In SSA’s FY 2025 workload report, 80% of Appeals Council dispositions were denials of review, 15% were remands, 3% were dismissals, and 1% were allowances. Percentages are rounded.
If the Council denies review, the ALJ decision becomes SSA’s final decision for purposes of seeking federal-court review. If it remands, the claim returns for further action; a remand is not itself an award of benefits.
The next deadline may be federal court
If the Council denies review or issues an unfavorable final decision, you may file a civil action in U.S. District Court. The deadline is generally 60 days after you receive notice of the Appeals Council’s action, subject to the same five-day receipt presumption and possible good-cause extension rules.
Related SSA resources
Official sources
- SSA: Hearings and Appeals — Appeals Council information
- SSA: About the Appeals Council
- 20 CFR § 404.968 — Requesting Appeals Council review
- 20 CFR § 404.970 — Evidence and Appeals Council review
- 20 CFR § 404.981 — Effect of Appeals Council action
- SSA Form HA-520 — Request for Review of Hearing Decision
- SSA FY 2025 Workload Data — Disability Decisions
This page is general information, not legal advice. Follow the instructions in your SSA notice and seek qualified help for questions about your specific deadline or case.