Request an Appeals Council review
A request for a review must be submitted in writing within 60 days after the date of your adverse hearing decision. Requests should be sent to:
Appeals Council, SSA/ODAR
5107 Leesburg Pike
Falls Church, VA 22041-3255
You also have the option of contacting your local Social Security office, hearing office, or SSA directly through their toll-free number at 1-800-772-1213 and filling out a review request form.
Time constraints to file an appeal
Under normal conditions, you have 60 days after receiving the SSA's decision to request an appeal; the countdown from 60 days does not commence until five days after the SSA mails the notice. If you can show proof that it took longer than five days to reach you, that is acceptable. If the SSA does not receive your response within the 60-day time frame, the administrative appeals judge reserves the right to disregard the appeal. Essentially, there is a possibility that you will not advance to the next step in the appeals process and may forfeit the option for further review. If you stall and don't respond for more than 60 days, you need a legitimate excuse in order to be granted an extension. If you need help, representatives at the Social Security office can assist you in filing a written request that will lengthen the timeline.
What happens after your request is received?
The Appeals Council reviews all requests that it receives, but it has the right to decline a request if it thinks the result of the hearing should be final. If the Appeals Council agrees to reopen your case, it will either take it on entirely by itself or it will turn it back over to an administrative law judge (ALJ) to pick up where the last one left off. When the Appeals Council takes on a case, it may take into account some of the subject matter addressed by the ALJ that was in your favor the first time around. Once their review is complete, you will be sent a copy of the Appeals Council's decision.
How to reduce Appeals Council review processing time
Right to Representation
If you don't feel comfortable taking on a case alone, you may want a SSD lawyer, friend, or other qualified individual to serve as your counsel. If you do not know who to turn to or simply cannot afford representation, the Social Security office can provide some guidance or you can contact the National Organization for Social Security Claimant Representatives (NOSSCR) at 1-800-431-2804 for referral to a qualified representative. If you do decide on a representative, you must notify the SSA by submitting a special form found at any Social Security office. Remember that a representative typically charges a fee for services rendered. For more information about representation and its associated fees, please read Representing Social Security Claimants.