How Long Do I Have to File a Disability Appeal?

If your Social Security Disability claim has been denied, you’re not alone. In fact, most initial applications are rejected. The good news is, you have the right to appeal. But you need to act fast.

You Have 60 Days to File an Appeal

Once you receive your denial letter from the Social Security Administration (SSA), you have 60 days from the date on the letter (not the day you received it) to request an appeal. Missing that deadline can result in having to start over with a new application, causing more delays and lost time.

Appeal Deadlines by Stage

The 60-day window applies at every level of the appeals process:

• Reconsideration: After your initial denial, your first appeal is called a Request for Reconsideration.
• Hearing by an Administrative Law Judge (ALJ): If reconsideration is denied, you can request a hearing.
• Appeals Council Review: If the ALJ denies your claim, you can request a review by the Appeals Council.
• Federal Court Review: The final level of appeal is filing a lawsuit in federal district court.

Each step must be taken within 60 days of the previous denial, or you risk losing your right to appeal.

What If You Miss the Deadline?

In some cases, the SSA may accept a late appeal if you can show good cause, such as serious illness, a death in the family, or not receiving the letter in time. But there’s no guarantee, and it’s always better to file on time.

Why You Shouldn’t Wait

Waiting until the last minute to file an appeal can lead to mistakes or missing paperwork. The earlier you act, the more time you have to gather documentation, correct any issues, and build a strong case.

Need Help Appealing a Denied Claim?

Attorney Greg Kornegay has over 35 years of experience helping individuals in Wilmington and Southeastern North Carolina appeal Social Security Disability denials with care and precision. If you’ve been denied benefits, don’t wait, call today for a free consultation.