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Understanding the Social Security Administrative Appeals Process

Written by: Janet S. McCamley

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Request for Reconsideration

After you apply for Social Security Disability benefits, your case is sent to a claims adjudicator at the Bureau of Disability Determination (BDD) in Columbus, a State agency charged with making the disability determination for Social Security. That person, usually working with a doctor, makes the initial decision in your case, usually within 3-6 months of the date the application was filed. The formal decision is issued by Social Security. Unfortunately, for Ohioans, about 3 out of 4 of these decisions will be denials. If you are not one of the lucky 1 in 4 who wins at the first level, what can you do? First of all, appeal the denial promptly! The initial appeal (called a Request for Reconsideration) must be filed within 60 days of your receipt of the denial. Social Security will presume that you received the decision within 5 days of the date it was mailed.

Request for Hearing

If a claim is denied at the Reconsideration level, the claimant can request a hearing before an Administrative Law Judge (ALJ). Again, this appeal must be filed within 60 days of your receipt of the unfavorable decision. ALJs are hired by the Social Security Administration, and have lifetime appointments. At present, there are approximately 12,000 claims awaiting hearing in the Cleveland hearing office (formally known as the Office of Disability Adjudication and Review, or ODAR), and the waiting time for a hearing can be 2 years or longer. The administrative hearing is de novo, meaning that the ALJ is not bound by any of the decisions made at the first two decision levels.

Appeals Council Review

If your claim is denied after an administrative hearing, you can file a request for review of the unfavorable decision with the Appeals Council, another agency of the Social Security Administration. The same 60 day time limit applies.