If an administrative law judge (ALJ) denied your SSDI claim at your hearing, the Appeals Council is your next step, and it works very differently from the hearing you just went through. There is no new testimony, no new judge asking you questions, and in most cases no new evidence review at all. The Appeals Council is a paper review that checks whether the ALJ applied the law correctly. It can deny your request for review, send your case back to an ALJ for another hearing (a remand), or in rare cases decide your case itself. This guide walks through what the Appeals Council actually does, the deadlines and forms involved, what new evidence it will and will not consider, and what a realistic outcome looks like in 2026.
What Is the Appeals Council?
The Appeals Council is the third level of the four-level SSDI appeal process, sitting between the ALJ hearing and federal district court. It operates under the Social Security Administration's Office of Appellate Operations (OARO) and is based in Falls Church, Virginia, with a mailing address at 6401 Security Blvd, Baltimore, MD 21235-6401.
The Council does not hold hearings. It does not see you in person or hear you testify. Instead, administrative appeals judges and staff attorneys review the written record of your case, including the ALJ's decision, the hearing transcript, and the medical evidence already in your file, to decide whether the ALJ made a legal or factual error significant enough to change the outcome.
If you have not yet reached this stage, our guides on the SSDI denial appeal process and how to appeal a Social Security denial walk through reconsideration and the ALJ hearing that come before Appeals Council review.
How to Request Appeals Council Review
You have 60 days from the date you receive the ALJ's written decision to request Appeals Council review. Because the SSA presumes you received the decision five days after the date printed on the notice, you effectively have 65 days from the date on the letter.
There are two ways to file:
- Online, through the SSA's iAppeals system at ssa.gov/benefits/disability/appeal.html. This is the method SSA recommends.
- By mail or fax, using Form HA-520, "Request for Review of Hearing Decision/Order." You can also submit a written statement in place of the form as long as it identifies your case and clearly asks for review.
Send the completed form to the Office of Appellate Operations at the Baltimore address above, or file it at your local Social Security field office, which will forward it. If you miss the 65-day window, you can still request review, but you must show "good cause" for the delay, such as a serious illness, a death in the family, or a documented failure to receive the notice.
What to Include With Your Request
When you file, you should submit:
- The completed HA-520 (or equivalent written request)
- A statement explaining specifically why you believe the ALJ's decision was wrong, citing the parts of the decision or evidence you disagree with
- Any additional evidence that is new, material, and relates to the period on or before the ALJ's decision date
A vague request that simply says "I disagree with the decision" is far less effective than a targeted brief that points to a specific legal error, such as the ALJ ignoring a treating physician's opinion, misapplying the Medical-Vocational Guidelines, or failing to properly evaluate your subjective complaints of pain.
What New Evidence Will the Appeals Council Accept?
This is one of the most misunderstood parts of the process. The Appeals Council will only consider new evidence if it meets all of the following conditions:
- The evidence is new, meaning it was not already part of the record
- The evidence is material, meaning there is a reasonable probability it would change the outcome
- The evidence relates to the period on or before the date of the ALJ's decision
- You show good cause for not submitting it earlier, such as the records not yet existing or being unobtainable despite your efforts
Medical records documenting a worsening condition that happened after your hearing generally will not help your Appeals Council request, because the Council is reviewing whether the ALJ's decision was correct based on the record at the time. If your condition has changed significantly since the hearing, that new information is usually better addressed through a new application or after a remand, not through the Appeals Council itself.
The Three Possible Outcomes
When the Appeals Council finishes reviewing your case, one of three things happens.
1. Denial of Review
This is the most common outcome. The Council reviews your request and any evidence submitted, finds no legal error or basis for further review, and denies your request. This is not a decision on the merits of your disability claim. It means the ALJ's decision becomes the SSA's final decision. At that point, your only remaining option within the administrative system is closed, and your next step is filing a civil action in federal district court. Our guide on the SSDI federal court appeal process covers exactly what that involves, including the 60-day deadline to file and what a federal judge will and will not review.
2. Remand to the ALJ
If the Council finds a specific error, such as the ALJ failing to address a piece of evidence, misapplying a rule, or not developing the record adequately, it will typically send the case back to an ALJ for a new hearing rather than deciding the case itself. A remand comes with written instructions telling the ALJ what to fix. This does not guarantee approval. It means you get another hearing, sometimes in front of the same judge and sometimes a different one, where the identified problems must be addressed.
3. The Council Decides the Case Itself
Less commonly, the Appeals Council will bypass a remand and issue its own decision, either awarding benefits directly or affirming the denial with different reasoning. This happens far less often than a remand or a denial of review.
Realistic Odds at the Appeals Council
Disability law practitioners who track SSA appeals outcomes generally describe the split at this stage as roughly:
| Outcome | Approximate share of cases |
|---|
| Denial of review (ALJ decision stands) | The most common outcome by a wide margin |
| Remand back to an ALJ | The most common favorable outcome, though still a minority of cases |
| Council decides the case directly (reversal or new decision) | Rare |
The exact split shifts from quarter to quarter, so instead of repeating a fixed percentage here, check the SSA's own published Appeals Council workload figures at ssa.gov/appeals/publicusefiles.html for the current numbers.
The more encouraging number is what happens after a remand. Claimants whose cases are sent back to an ALJ tend to be approved at rates roughly comparable to first-time hearing-level applicants, meaning a remand meaningfully improves your odds compared to sitting with a Council denial.
How Long Does Appeals Council Review Take?
Processing times vary significantly and have lengthened in recent years as the SSA's overall appeals backlog has grown. Many claimants report review times in the range of 6 to 12 months, with some cases taking 12 months or longer depending on the complexity of the case and the volume of pending requests at the time you file. There is no fixed statutory deadline for the Appeals Council to issue a decision, unlike the 60-day filing deadlines that apply to you.
You can check the status of your pending review by calling the SSA directly or checking your case status online if you have an account set up through the SSA's appeals system.
Should You Hire an Attorney for Appeals Council Review?
You are not required to have representation, but this stage rewards precision. Because the Council is looking for specific legal or procedural errors rather than re-weighing the overall strength of your medical case, a well-drafted brief that cites the exact part of the ALJ's decision and the specific error matters enormously. Many disability attorneys and non-attorney representatives work on contingency, meaning they are paid a percentage of back pay only if you eventually win, subject to SSA fee caps.
If you already have representation from your hearing, ask whether they handle Appeals Council requests specifically, since some attorneys who handle ALJ hearings refer this stage out to appellate specialists.
What Happens If You Skip the Appeals Council?
You cannot go straight from an ALJ denial to federal court. Appeals Council review (or at least a request for it) is a required step to exhaust your administrative remedies. Skipping it means you have no right to file in federal district court. Even if you expect a denial of review, filing the request preserves your right to move to the next level.
Frequently Asked Questions
How long do I have to request Appeals Council review?
You have 60 days from the date you receive the ALJ's decision, which the SSA treats as 5 days after the date printed on the notice, giving you effectively 65 days from the letter's date to file Form HA-520 or an equivalent written request.
Does the Appeals Council hold a hearing?
No. The Appeals Council conducts a paper review of the existing record. You do not testify, and in the vast majority of cases there is no in-person or phone proceeding.
What is Form HA-520?
Form HA-520, "Request for Review of Hearing Decision/Order," is the form used to formally ask the Appeals Council to review an ALJ's decision. It can be filed online, by mail, or by fax to the Office of Appellate Operations.
Can I submit new medical evidence to the Appeals Council?
Only if it is new, material to the period on or before the ALJ's decision date, and you can show good cause for not submitting it earlier. Evidence about a condition that worsened after your hearing generally will not be considered at this stage.
What happens if the Appeals Council denies my request for review?
A denial of review means the ALJ's decision becomes the SSA's final decision. Your next option is to file a civil action in federal district court within 60 days of receiving the Appeals Council's notice. See our guide to the SSDI federal court appeal process for the steps involved.
Is a remand the same as winning my case?
No. A remand sends your case back to an ALJ for a new hearing with instructions to correct a specific problem. It is not a guarantee of approval, but claimants whose cases are remanded are generally approved at rates similar to other hearing-level applicants, which is a meaningful improvement over having your review denied outright.
How long does Appeals Council review take in 2026?
Many claimants report processing times of roughly 6 to 12 months or longer, depending on case complexity and the agency's current backlog. There is no fixed deadline for the Council to issue its decision.
