1. What Happens After an ALJ Denial?

If an Administrative Law Judge (ALJ) denies your SSDI or SSI claim after your hearing, SSA will send you a written notice of the decision. This notice includes:

• The ALJ’s findings on your medical condition and ability to work
• The reasons for denial
• Instructions on your right to appeal the decision further

2. Next Step: Appeals Council Review

The first level of appeal after an ALJ denial is requesting a review by the Social Security Appeals Council. To do this:

• You must file a Request for Review (Form HA-520) within 60 days of receiving your hearing decision.
• The Appeals Council will review your ALJ decision to determine if:
• There was an error of law or procedure
• The ALJ decision is not supported by substantial evidence
• There is new and material evidence that could change the outcome

3. How to File an Appeals Council Request

To file:

• Complete Form HA-520, explaining why you disagree with the ALJ decision.
• Submit the form online via your My Social Security account or mail it to the address provided in your denial notice.
• Include any new medical evidence or documentation not previously submitted that supports your claim.

4. What Does the Appeals Council Do?

The Appeals Council can:

• Deny your request, leaving the ALJ decision in place
• Remand your case back to the ALJ for a new hearing if they find procedural errors or missing evidence
• Issue a favorable decision themselves, though this is less common

5. How Long Does Appeals Council Review Take?

Appeals Council reviews can take several months to over a year due to the large volume of requests. You will receive a written notice when they make their decision.

6. Further Appeal: Federal Court Lawsuit

If the Appeals Council denies your request or issues an unfavorable decision, your final option is to:

• File a civil lawsuit in the U.S. District Court within 60 days of receiving the Appeals Council’s decision.
• You are not suing SSA directly but asking the federal court to review SSA’s decision for legal or procedural errors.

7. How to Strengthen Your Appeals

To improve your chances of success at the Appeals Council or Federal Court level:

• Identify legal or factual errors in the ALJ decision, such as failure to consider critical medical evidence or improper evaluation of your Residual Functional Capacity (RFC).
• Submit new, material medical evidence that was unavailable at the time of your hearing.
• Obtain detailed medical statements from your treating physicians explaining your work limitations in SSA’s preferred language and format.
• Consider working with a disability attorney experienced in appeals to prepare legal arguments and navigate complex procedures.

8. Should You Hire a Lawyer for Appeals?

Appealing an ALJ denial is more complex than initial applications, as it involves procedural arguments and legal standards. Hiring a disability attorney can:

• Improve your chances of a remand or reversal by identifying appealable issues
• Prepare thorough legal briefs to present your strongest case
• Ensure compliance with all filing deadlines and procedural requirements