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SSI · Guide

SSI denied? How to appeal with a reconsideration and a hearing

Last updated 2026-10-24 · Reviewed against official sources · Editorial standards

Key takeaways

  • You can appeal most SSI decisions, such as a denial, a lower payment or an overpayment.
  • Ask in writing within 60 days after you get the notice. Social Security assumes you got it 5 days after the date on it.
  • The four levels are reconsideration, a hearing before an administrative law judge, Appeals Council review and federal court.
  • If a payment you already get is being cut or stopped, asking within 10 days can keep it coming while you wait.
  • You can appoint a representative, and you can ask for more time if you had a good reason for missing a deadline.

What you can appeal

Each time Social Security makes a decision about your SSI, it mails a notice. It calls this an initial determination. The notice can say whether you can get SSI, how much you get, or that you were overpaid. It also explains your appeal rights. When you appeal, Social Security looks at the whole decision again, even the parts that were in your favor.

The four levels of appeal

SSI appeal levels and deadlines
LevelWhat happensDeadline to ask
1. ReconsiderationSocial Security reviews the whole decision again. You can see the file and add proof.60 days after you get the notice
2. HearingAn administrative law judge (ALJ) hears the case in person, by video or by phone.60 days after you get the reconsideration notice
3. Appeals CouncilThe council can grant, deny or dismiss the request, or send the case back to a judge.60 days after you get the judge's decision
4. Federal courtYou file a civil action in a U.S. District Court.60 days after you get the Appeals Council notice

Each step starts only after the one before it. A decision you do not appeal in time stays in place, unless Social Security gives you more time or changes it.

How to ask for a reconsideration

The quickest way is online, on the Appeal a Decision page of the Social Security website. You can also fill out Form SSA-561 and send it to your local office by mail or fax. If Social Security decided that your disability has ended, you can write to it or use Form SSA-789.

A reconsideration can take three forms. In a case review, you can look at the evidence in your file and add spoken or written proof. An informal conference also lets you bring witnesses. A formal conference also lets you ask Social Security to subpoena witnesses and papers, and to question those witnesses.

What happens at an ALJ hearing

If you disagree with the reconsideration, you can ask for a hearing before an administrative law judge, online or with Form HA-501. Social Security sends notice of the date, place and issues at least 75 days before the hearing. You may take part in person, by video or by phone. Send new evidence, or tell the judge about it, at least five business days before the hearing. You can also ask the judge to decide from the file without a hearing. If you miss the hearing, you may lose your appeal rights.

Getting help and more time

You may appoint a representative to act for you in the appeal. Social Security cannot help you file a court case, but a lawyer or a legal aid group may. If you miss a deadline, you can ask in writing for more time and give the reason. Good reasons include a serious illness, a death in the family, records lost in a fire, or a notice you never got.

How do I check my SSI application status?Free · no sign-up · next page

Frequently asked questions

How long do I have to appeal an SSI denial?

Ask in writing within 60 days after you get the notice. Social Security assumes you got it 5 days after the date printed on it, unless you show it came later.

Will my SSI stop while I appeal?

If you already get SSI and a notice cuts or stops it for a non-medical reason, ask for a reconsideration in writing within 10 days. Then the payment continues until the decision, if you still meet the other rules. If you ask later but within 60 days, the payment may drop for a short time and then restart.

Do I need a lawyer?

You can appeal on your own. You may also appoint a representative to act for you. For a court case, Social Security suggests a lawyer or a legal aid group.

How do I check my appeal status?

Sign in to your my Social Security account, or call the automated line at 1-800-772-1213 and say application status.

Do I meet the SSI income and resource limits?Free · no sign-up · next page How do I apply for SSI?Free · no sign-up · next page
DisclaimerThis site is privately owned and is not affiliated with, endorsed by, or operated by any government agency. The information here is educational and does not constitute an application or a guarantee of benefits. We only point you to the official channels: we do not take applications and we are not the Social Security Administration or a Social Security office.

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