The deadline: 60 days plus 5 for mail
You have 60 days from the date you receive the denial notice to appeal. SSA assumes you received it five days after the date printed on the letter, so in practice the window is about 65 days from that date. Do not wait: file even if you are still gathering records.
The four levels of appeal
| Level | What you file | Who decides |
|---|---|---|
| 1. Reconsideration | Request for Reconsideration (Form SSA-561, or online) | A different SSA disability examiner |
| 2. Hearing | Request for Hearing (Form HA-501) | An Administrative Law Judge (ALJ) |
| 3. Appeals Council | Request for Review (Form HA-520) | SSA Appeals Council |
| 4. Federal court | Civil lawsuit | U.S. District Court |
Each level has its own 60-day deadline, counted from the previous decision. The hearing is the stage where you can explain your limitations in person, and where legal representation tends to matter most.
Why claims are denied, and what helps
- Not enough medical evidence. Ask treating doctors to document specific work limits: how long you can sit, stand, or lift, and how your condition affects concentration and attendance, not just a diagnosis.
- Gaps in treatment. Keep seeing your providers and follow prescribed treatment, or be ready to explain why you could not.
- Earnings above the limit. Work earning more than $1,690 a month in 2026 ($1,770 in 2027) can lead SSA to find you are not disabled.
- Missed requests. Answer every SSA letter and keep your phone number and address current so you do not miss exams or forms.
Attorney and advocate fees
SSA-approved fee agreements limit a representative's fee to the lesser of 25% of your past-due benefits or $9,200 (the cap since November 30, 2024). The fee is paid out of your back pay, so no fee is owed under the agreement if you receive no past-due benefits. Ask about case expenses such as medical record fees before you sign.