How Many Times Can You Appeal A Disability Claim?

The Social Security Administration provides four official levels of appeal: reconsideration, hearing, Appeals Council review, and federal court lawsuit. Claimants are not limited to just one attempt; they can contest a denial through all four levels of appeal.

The Four Levels of Appeal

Reconsideration: During this stage, your initial claim will be completely reviewed by an examiner who was not involved in the original decision. They will re-evaluate all the evidence from your original application, along with any new evidence you submit.
Hearing by an Administrative Law Judge: You will have a formal hearing before an Administrative Law Judge, where you can present your case in person or via video. At this stage, you and any expert witnesses may testify. The judge will consider all the evidence provided and make a decision.
Appeals Council Review: The ALJ’s decision is reviewed by Social Security’s Appeals Council. The Council may decide to review the case, deny the request, or return it to the ALJ for further review.
Federal Court: Lastly, if the Appeals Council denies your claim, you can file a federal civil lawsuit in a U.S. District Court. A federal judge will review the administrative record. They may uphold, reverse, or remand the decision.

Can You Reapply After Denials?

Instead of appealing your claim, you also have the option of filing a new application.

Strategic Considerations for Reapplying

Reapplying is typically recommended over an appeal if the following are true about a case:

You missed the appeal deadline. You generally have 60 days to appeal a denial. If you miss this window and cannot show reasonable cause, your only option may be to reapply.
Your medical condition has significantly changed. If your health worsens or you develop new impairments after submitting your initial application, it may be more beneficial to reapply with updated information.
You were previously ineligible, but now you meet the criteria. If you did not meet the work credit requirements before and now do, reapplying could make more sense than appealing the original denial.

Despite these reasons for reapplication, appeals are often a more effective option. This is mainly due to the following:

Appeals allow you to retain your original application date, potentially resulting in more back pay if you are approved. However, reapplying resets the clock.
Many denials are reversed on appeal. Most initial claims are denied, but a large number are approved at the hearing level.
The appeals process offers a more in-depth evaluation. Unlike the initial review, the ALJ hearing allows you to present evidence, call witnesses, and explain your limitations directly to a judge.
Reapplying may result in another quick denial—if you reapply with the same information as before, you are likely to be denied again for the same reasons.

How Often Do People Actually Win on Appeal?

As mentioned at the beginning of this article, 67% of initial Social Security Disability benefit applications are denied. Of those who file for an appeal, only 10% to 15% secure approval at the reconsideration stage. However, claims that reach a hearing before an administrative law judge have a 45% to 55% chance of approval.

Only about 1% of claims that reach the Appeals Council review stage receive approval. However, some of the rejected claims may be sent back to the ALJ for further review. At the federal court level, some cases are reversed or remanded, but very few are affirmed.

Partnering with a seasoned attorney significantly increases the likelihood of success with your claim. Contact our office today to learn more about how we can help.

Common Mistakes That Hurt Your Chances of Winning Appeals

There are several frequent errors claimants make that can lead to an instant rejection for benefits. The most common of these include missing crucial deadlines, failing to submit updated medical records, and failing to obtain representation.

Why Deadlines Are Critical

The SSA has strict timelines for filing appeals, usually 60 days after the initial decision. If you miss this deadline to file, you may be barred from seeking benefits altogether.

Importance of Updated Medical Evidence

Medical documentation can make or break an appeal. Social Security decisions are based almost entirely on evidence. The SSA needs to see that you have a medically determinable impairment, meaning a qualifying condition diagnosed by acceptable medical professionals. Without medical proof, your claim is likely to be denied, no matter how severe your symptoms feel to you.

Should You Hire a Disability Lawyer for Appeals?

You secure numerous benefits when you choose to obtain legal representation for your claim. Those who partner with an attorney are more likely to avoid paperwork errors, gather substantial evidence, and have their initial claim approved. Overall, working with a lawyer on your case can significantly improve the outcome.

Frequently Asked Questions About Disability Appeals

Can I Appeal a Denied Disability Claim More Than Once?

Yes, the Social Security appeals process has multiple levels, and you can appeal at each stage if you are denied again.

How Long Does the Appeal Process Take?

The process varies, but can take several months to over a year, especially if it reaches the hearing stage or later appeal levels.

What Happens if I Lose at Every Appeal Stage?

If you are denied at all of the administrative levels, you can file suit in federal court. You can also file a new application at any stage. However, to do so, you will likely need strong new evidence or legal grounds.

Is It Better To Appeal or Reapply?

In most cases, appealing is better because it preserves your original application date and gives you a stronger shot at approval at the hearing level.

Do I Need a Lawyer for My First Appeal?

You are not required to have an attorney, but having a legal advocate can significantly improve your chances of approval, especially at the hearing stage.

How Many Times Can You Appeal a Disability Claim? Get Help Today

You have the right to appeal a denied Social Security disability claim through four stages: reconsideration, a hearing before an Administrative Law Judge, review by the Appeals Council, and ultimately, a lawsuit in federal court. While early denials are common, persistence pays off—many applicants are approved later in the process, particularly at the hearing stage.

Partnering with a professional can make a significant difference, as experienced representatives know how to build a strong case with the proper evidence, strategy, and support every step of the way. At Disability Advice, we can connect you with an experienced lawyer who can enhance your chances of getting approved on appeal.

For more information, contact us today to schedule a meeting with a team member.