Social Security Disability Appeal Lawyer (SSDI and SSI)

Short answer: a denial letter is not the end of your claim. You generally have 60 days from the date you receive the notice to appeal, and Social Security treats the notice as received 5 days after the date printed on it unless you show otherwise (20 C.F.R. §§ 404.901, 404.909). There are four levels of appeal: reconsideration, a hearing before an administrative law judge, Appeals Council review, and a civil action in federal district court. In almost every case you should appeal rather than start over, because a new application can cost you months of back pay. Abdi & Associates, Inc. handles SSDI and SSI appeals in house for claimants anywhere in the United States, by phone or video. Free consultation. Call 24/7, English and Spanish: (888) 772-2529. No attorney fee unless you win, and fees are capped by federal law and approved by the Social Security Administration.

Why Social Security denied your disability claim

Denial notices are written in general language, so the first job on any appeal is to work out what actually went wrong.

• Medical denials. The agency decided your impairments do not keep you from working. Often the real problem is the file, not the illness: records were missing, a treating specialist was never contacted, or the only opinion came from a consultative examiner who saw you once.
• Technical denials. These have nothing to do with your health. For SSDI you must be insured, which SSA explains generally means 40 work credits, 20 earned in the 10 years ending with the year your disability began, and fewer for younger workers. For SSI it is usually financial: countable resources above $2,000 for an individual or $3,000 for a couple, or too much countable income.
• Work activity. Earnings above the substantial gainful activity level end the claim at step one, before your medical condition is evaluated. For 2026, SSA sets SGA at $1,690 a month for non blind claimants and $2,830 for statutorily blind claimants.
• Duration. Unless the impairment is expected to result in death, it must have lasted or be expected to last for a continuous period of at least 12 months (20 C.F.R. § 404.1509). Serious but short term conditions do not qualify.

The five step sequential evaluation

Every medical decision, at every level, runs through the same five questions in 20 C.F.R. § 404.1520 and its SSI twin, § 416.920:

1. Are you doing substantial gainful activity? If yes, the claim ends.
2. Do you have a severe medically determinable impairment that meets the 12 month duration requirement?
3. Does it meet or medically equal one of the agency’s listings? If yes, you are disabled.
4. Given your residual functional capacity, can you still do your past relevant work?
5. Can you adjust to other work in the national economy, considering your age, education, and work experience? If you cannot, you are disabled.

Knowing which step your claim died at tells you what the appeal needs. A step four loss is a fight about what your old job actually required; a step five loss is a fight about the vocational expert’s testimony.

The four levels of appeal and the deadline for each

The same 60 day clock runs at every administrative level, measured from the date you receive the notice, presumed to be 5 days after the date on the notice (20 C.F.R. § 404.901). SSI appeals follow parallel rules in 20 C.F.R. Part 416, Subpart N.

If your denial notice is dated within the last 60 days, call now so the appeal is filed on time: (888) 772-2529, 24/7, English and Spanish.

Reconsideration: the first appeal

Reconsideration is a paper review, so claimants often treat it as a formality. That is a mistake. It is your first chance to fix the record: to add the specialist SSA never contacted, to submit records that arrived after the decision, and to correct a work history that made your past jobs look lighter than they were. In SSI cases it can also take the form of a case review, an informal conference, or a formal conference at which adverse witnesses may be subpoenaed and cross examined (20 C.F.R. § 416.1413). Everything you add travels with the claim to the hearing.

The ALJ hearing: where disability appeals are usually decided

The hearing is the heart of the appeal. It is a new look at the claim by a judge who did not make the earlier decisions, and the only stage where you testify and your representative can question the government’s experts.

How the hearing happens

There is no courtroom and no lawyer on the other side. SSA schedules claimants to appear by audio, by agency video, by online video, or in person, and you may object in writing within 30 days of the notice if you do not want to appear by audio or agency video (20 C.F.R. § 404.936). Testimony is taken under oath and recorded. A typical hearing runs under an hour: the judge frames the issues, you testify about your treatment, symptoms, daily activities and past jobs, and then the experts testify.

The five business day evidence rule

Under 20 C.F.R. § 404.935 (SSI: § 416.1435) you must inform SSA about or submit written evidence no later than 5 business days before the scheduled hearing, or the judge may decline to consider it. Exceptions exist, including SSA misleading you, a physical, mental, educational, or linguistic limitation, and extraordinary circumstances such as serious illness, a death in the family, or diligently seeking records a provider did not send in time. Relying on an exception is far worse than meeting the deadline, which is why records should be requested months ahead.

Vocational and medical experts

In most hearings the judge calls a vocational expert, and sometimes a medical expert. The vocational expert classifies your past work and answers hypothetical questions about what jobs a person with a given set of limitations could perform, and those hypotheticals decide steps four and five. If the limitations your doctors documented are put to the expert and the expert concedes no work remains, that becomes the strongest evidence in the file. If nobody asks, the agency’s version of your capacity stands.

What a representative does

A representative obtains the complete electronic file, finds what is missing, requests function focused opinions from treating sources rather than generic letters, files a written brief tying the evidence to the five step framework and the listing or grid rule that applies, prepares you for the questions that decide cases, cross examines the experts, and preserves objections for later appeal.

Appeals Council review

This is not a second hearing. Under 20 C.F.R. § 404.970 (SSI: § 416.1470) the Council will review a case where the judge abused their discretion, where there is an error of law, where the findings are not supported by substantial evidence, or where there is a broad policy or procedural issue affecting the public interest. It will also consider additional evidence that is new, material, and relates to the period on or before the hearing decision, if you show good cause for not submitting it earlier. The Council can deny review, decide the case itself, or remand it to an administrative law judge. A remand is common and useful, because it sends the case back with instructions that correct the error.

Federal district court, in brief

If the Appeals Council denies review or rules against you, you may file a civil action in the United States district court where you live, within 60 days (§ 404.981; 42 U.S.C. § 405(g)). The court decides the case on the pleadings and the transcript of the record, and the Commissioner’s findings of fact are conclusive if supported by substantial evidence. No new testimony, no jury, and the realistic outcomes are affirmance or a remand.

What if you missed the 60 day deadline

Ask for an extension in writing and explain why. SSA will extend the time if you show good cause under 20 C.F.R. § 404.911 (SSI: § 416.1411), and the regulation’s own examples include serious illness, a death or serious illness in your immediate family, records destroyed by fire, a diligent but unsuccessful search for evidence, incorrect information from SSA, and never receiving the notice. A physical, mental, educational, or linguistic limitation counts too. Do not assume a late appeal is hopeless, and do not wait to ask.

The evidence that changes the outcome

Appeals are won on the record, not on argument. For claims filed on or after March 27, 2017 no medical opinion gets controlling weight; SSA weighs persuasiveness, and the two most important factors are supportability and consistency (20 C.F.R. § 404.1520c).

• Complete treating source records, including the unremarkable visits. You have an affirmative duty to inform SSA about or submit all evidence known to you relating to whether you are disabled (20 C.F.R. § 404.1512).
• A medical source statement. A function by function opinion from a treating provider: how long you can sit, stand and walk, what you can lift, how often you would be off task, and how many days a month you would miss.
• Support and consistency. An opinion that cites the clinical findings behind it and lines up with the chart beats a checkbox form that contradicts the treatment notes.
• Longitudinal treatment, with gaps explained. Loss of insurance, lack of transportation and the illness itself are legitimate explanations, but only if they are in the record.
• An accurate work history, describing how your past jobs were actually performed, not the job title alone.
• Third party statements from a spouse, adult child, former supervisor or coworker describing what changed.

SSDI and SSI in the appeal context

The medical standard, the appeal levels and the 60 day deadlines are the same for both programs; the rules simply live in different places, SSDI in 20 C.F.R. Part 404, Subpart J, and SSI in Part 416, Subpart N. The differences are financial. SSDI depends on your work record, pays after a five month waiting period, and can reach back as far as 12 months before the month you applied (20 C.F.R. § 404.621). SSI is needs based, with no work requirement but strict limits: countable resources of $2,000 for an individual and $3,000 for a couple, income rules, and no retroactive payment before the application date. Many people file for both, and one appeal can carry both.

What a disability lawyer costs

Fees in Social Security cases are controlled by federal law and cannot be charged without agency approval.

• Appointment. You appoint a representative in writing, ordinarily on Form SSA-1696, Claimant’s Appointment of a Representative.
• Fee agreement. Under a fee agreement, ordinarily Form SSA-1693, the fee is limited to the lesser of 25 percent of your past-due benefits or a dollar cap set by the Commissioner. SSA states the maximum is $9,200 for favorable decisions issued on or after November 30, 2024. In May 2025 SSA withdrew its plan to adjust the cap every year and said it will publish a notice only when it raises the cap; our page on how disability attorney fees are set and paid has the detail.
• How it is paid. SSA withholds the approved fee from past-due benefits and pays the representative directly. Nothing comes out of your ongoing monthly benefits.
• No past-due benefits, no fee under a fee agreement.
• Costs are separate. Out of pocket costs, such as what hospitals and clinics charge to copy records, are not part of the attorney fee, and we tell you what they are before they are incurred.

How long it takes, and why appealing beats reapplying

Timelines vary by state and by hearing office. The figure SSA publishes with a date is the average processing time for hearings: an average of 275 days in July 2026, down from 285 days in July 2025. Reconsideration is faster but still measured in months. That wait is why abandoning a pending claim to start over is usually the wrong move: a new application gives up your earlier filing date, and because SSDI reaches back only 12 months before the month of application and SSI does not reach back at all, reapplying can permanently erase back pay you already earned. The narrow exceptions involve a genuinely new impairment or a technical problem a different filing would fix, and even then the safer course is to appeal on time.

If you were hurt at work

Workers’ compensation and Social Security disability are separate systems with separate standards, and many injured workers qualify for both. They interact in one important way: when you receive workers’ compensation or another public disability benefit, SSDI can be reduced so the combined benefits do not exceed 80 percent of your average current earnings (20 C.F.R. § 404.408). For California workers that is a drafting issue as much as a benefits issue, because how a settlement is worded can change how the offset is calculated. With a state claim, it is worth understanding how California workers’ compensation benefits work and how permanent disability is rated and paid before you settle, and we handle denied work injury claims in house. If your condition affects your job but you can still work with an accommodation, that is an employment question rather than a disability appeal and belongs in a disability discrimination and accommodation analysis.

How Abdi & Associates can help

Abdi & Associates, Inc. handles SSDI and SSI claims in house for claimants anywhere in the United States. Social Security is a federal system and hearings are held by audio or video, so we do not need to be in your city to represent you. Consultations are by phone or video, in English and Spanish, and the phones are answered 24/7. No attorney fee unless you win, and fees are capped by federal law and approved by the Social Security Administration.

What happens after the call:

1. We read the denial and the disability determination explanation to find which step your claim was denied at and what the file was missing.
2. We get appointed and calendar the deadlines. You sign Form SSA-1696 and a fee agreement, we obtain your electronic file, and the 60 day appeal deadline and five business day evidence deadline go on the calendar that day.
3. We build the record, requesting every treating provider’s records and asking the right sources for function focused opinions.
4. We brief the case before the hearing, tying the evidence to the listings, the residual functional capacity, and the vocational issues.
5. We prepare you and try the hearing, and if the decision is unfavorable we discuss Appeals Council review and, where appropriate, federal court.

Frequently asked questions

How long do I have to appeal a Social Security disability denial?

Sixty days from the date you receive the notice, at every administrative level, and SSA presumes you received it 5 days after the date printed on it unless you show otherwise (20 C.F.R. §§ 404.901, 404.909, 404.933, 404.968). The same 60 days applies to federal district court after the Appeals Council acts (§ 404.981; 42 U.S.C. § 405(g)).

What are my chances of winning a disability appeal?

Nobody can honestly give you a number, and approval rates vary by appeal level, by state, and by the judge assigned. What is knowable is what your file contains and what it is missing. The useful question is whether the record answers the specific question that caused the denial.

Should I reapply or appeal after an SSDI denial?

Usually appeal. A new application gives up your earlier filing date, and since SSDI reaches back only 12 months before the month you apply (20 C.F.R. § 404.621) and SSI does not reach back at all, reapplying can permanently cost you back pay. Get advice before you let a 60 day deadline pass.

Do I need a lawyer for a disability hearing?

You are not required to have one. The hearing is usually where the case is decided, though, and it involves sworn testimony, a vocational expert opining on what jobs you could still do, a strict evidence deadline, and a record that binds you on any later appeal.

How much does a disability lawyer cost?

Under an SSA approved fee agreement the fee is the lesser of 25 percent of your past-due benefits or the current cap, which SSA states is $9,200 for favorable decisions issued on or after November 30, 2024. SSA withholds it from past-due benefits and pays the representative directly, and if no past-due benefits are awarded there is no fee. Out of pocket costs such as record copying charges are separate.

What is a medical source statement?

It is a written opinion from a treating provider describing what you can still do despite your impairments, in functional terms: sitting, standing, walking, lifting, reaching, concentrating, time off task, and expected absences. It is the only evidence phrased the way vocational experts and judges evaluate work capacity, and its persuasiveness turns on how well it is supported by clinical findings and how consistent it is with the record (20 C.F.R. § 404.1520c).

Can I work while my disability appeal is pending?

You can work, but earnings above the substantial gainful activity level will generally end the claim at step one. For 2026 SSA sets SGA at $1,690 a month for non blind claimants and $2,830 for statutorily blind claimants. Work below that level is not automatically fatal, but it will be examined closely, so tell your representative before starting any job.

What if I missed the deadline to appeal?

Ask for more time in writing and explain what happened. SSA will extend the deadline for good cause under 20 C.F.R. § 404.911, and the listed examples include serious illness, a death or serious illness in the family, records destroyed by fire, incorrect information from SSA, and never receiving the notice. Act immediately, because the longer the delay the harder the showing.

What happens at an ALJ hearing?

You appear by audio, agency video, online video, or in person (20 C.F.R. § 404.936), and no lawyer opposes you. The judge takes testimony under oath about your treatment, symptoms, daily activities and past work, then hears from a vocational expert and sometimes a medical expert, whom your representative may cross examine. Most hearings last under an hour, and the written decision arrives weeks later.

What if the Appeals Council denies my request for review?

The hearing decision becomes the Commissioner’s final decision, and your remedy is a civil action in the federal district court where you live, filed within 60 days of receiving the notice (§ 404.981; 42 U.S.C. § 405(g)). The court reviews the record under the substantial evidence standard rather than holding a new hearing, and when a claimant prevails the usual outcome is a remand.

Related pages

• Social Security disability (SSDI and SSI)
• Social Security disability attorney fees explained
• California workers’ compensation
• California workers’ comp settlement and permanent disability chart
• Permanent disability benefits
• What to do about a denied claim
• Disability discrimination at work
• Contact Abdi & Associates

Denied SSDI or SSI? Call (888) 772-2529, 24/7, in English or Spanish, or (323) 310-4264 in Spanish, for a free consultation, or use the form below. No attorney fee unless you win, and fees are capped by federal law and approved by the Social Security Administration.

Primary sources: 20 C.F.R. §§ 404.408, 404.621, 404.901, 404.909, 404.911, 404.933, 404.935, 404.936, 404.968, 404.970, 404.979, 404.981, 404.1509, 404.1512, 404.1520, 404.1520c; 20 C.F.R. §§ 416.1409, 416.1411, 416.1413, 416.1433, 416.1435, 416.1468, 416.1470, 416.1481; 42 U.S.C. § 405(g) (Social Security Act § 205(g)); Social Security Administration, Appeal a decision we made, Request reconsideration, Request review of hearing decision, Hearing process, Appeals Council review process, Fee Agreements, Form SSA-1696, 2026 Substantial Gainful Activity amounts, SSI resources, and disability appeals processing time (July 2026).

Reviewed by Shawn Abdi, Esq., Abdi & Associates, Inc. Published: September 9, 2026. Attorney advertising. This page is general information, not legal advice about your specific situation. Legal deadlines have exceptions; confirm yours with an attorney. Past results do not guarantee future outcomes.