Social Security Appeals Council: What Happens After an ALJ Decision?
If an Administrative Law Judge (ALJ) denies your Social Security Disability claim, your case may not be over.
The next level of the Social Security administrative appeals process is the Appeals Council.
The Appeals Council reviews certain decisions and dismissals issued at the hearing level. It can deny a request for review, grant review and issue its own decision, or send a case back for additional proceedings.
That last outcome is called a remand.
Understanding the Appeals Council is especially important because there are strict appeal deadlines, and the Council does not simply conduct another disability hearing because you disagree with the ALJ.
Quick Answer: What Is the Social Security Appeals Council?
The Social Security Appeals Council is the administrative appeal level that generally comes after an Administrative Law Judge hearing.
If you disagree with an ALJ's decision or certain dismissal orders, you can ask the Appeals Council to review the case.
The Appeals Council examines the hearing-level decision and determines whether there is a sufficient basis for review.
SSA's regulations identify grounds for review that include:
Abuse of discretion by the ALJ
An error of law
Findings or conclusions that aren't supported by substantial evidence
A broad policy or procedural issue that may affect the public interest
Certain qualifying new and material evidence
The Appeals Council can also review certain cases on its own motion.
Where Is the Appeals Council in the SSDI Appeals Process?
A typical Social Security Disability claim may move through the following stages:
1. Initial Application
You apply for SSDI, SSI or both.
2. Reconsideration
If the initial claim is denied, you generally request reconsideration.
3. Administrative Law Judge Hearing
If reconsideration is denied, you can generally request a hearing before an ALJ.
4. Appeals Council
If you disagree with the ALJ's decision, you can generally request Appeals Council review.
5. Federal Court
After completing the applicable administrative appeals process, you may potentially file a civil action in U.S. District Court.
The Appeals Council is therefore generally the final administrative review level within SSA before federal court.
How Long Do You Have to Request Appeals Council Review?
Generally, you must request Appeals Council review within 60 days after receiving the ALJ's decision or dismissal.
SSA generally assumes that you received the notice five days after the date on the notice, unless you can show that you received it later.
This deadline is extremely important.
Don't wait until the last minute.
What If You Miss the 60-Day Deadline?
If you miss the deadline, you can ask the Appeals Council for additional time.
The request for an extension must explain why the appeal wasn't filed on time.
If SSA determines that you had good cause for missing the deadline, it can extend the filing period.
However, don't assume an extension will automatically be granted.
If you receive an unfavorable ALJ decision and intend to appeal, act promptly.
How Do You Request Appeals Council Review?
SSA currently provides several ways to request review.
You may be able to:
Submit the appeal online
Complete Form HA-520
Contact your local Social Security office
Contact the hearing office
Ask SSA for assistance filing the request
The form used for a written request is:
Form HA-520 — Request for Review of Hearing Decision/Order
SSA recommends providing additional evidence and written comments with the request when possible.
What Does the Appeals Council Actually Review?
The Appeals Council isn't simply deciding whether it personally would have reached the same conclusion as the ALJ.
SSA's regulations provide specific bases for Appeals Council review.
The Council may review a case when:
1. There Was an Abuse of Discretion
The ALJ may have exercised authority in an improper manner.
2. There Was an Error of Law
The judge may have incorrectly applied a statute, regulation, ruling or other applicable legal standard.
3. The Decision Isn't Supported by Substantial Evidence
The ALJ's actions, findings or conclusions may lack the evidentiary support required under SSA's rules.
4. There Is a Broad Policy or Procedural Issue
The case may involve an important policy or procedural issue affecting the general public interest.
5. Qualifying Additional Evidence Is Submitted
Certain new evidence may provide a basis for Appeals Council review if it satisfies SSA's requirements.
These standards are established in SSA's regulations.
What Can the Appeals Council Do?
There are several possible outcomes.
The Appeals Council may:
Deny the request for review
Dismiss the request in certain circumstances
Grant review
Issue its own decision
Modify or reverse a hearing decision when appropriate
Remand the case to an ALJ for additional proceedings
SSA's current POMS confirms that when the Council grants review, it can affirm, modify or reverse a hearing decision or send the case back to an ALJ.
What Does “Appeals Council Denied Review” Mean?
This wording can be confusing.
If the Appeals Council denies your request for review, it generally means the Council has decided not to disturb the ALJ's decision.
It does not necessarily mean the Appeals Council conducted a new disability hearing and independently found that you weren't disabled.
When the Council denies review, the ALJ's decision generally becomes SSA's final decision for purposes of seeking judicial review.
At that point, federal court may be the next available level of appeal.
What Does “Appeals Council Granted Review” Mean?
If the Appeals Council grants review, it has determined that the case warrants further action.
The Council may:
Issue a decision itself; or
Send the case back to an ALJ.
A grant of review is significant, but it doesn't automatically mean disability benefits have been approved.
What Is an Appeals Council Remand?
A remand occurs when the Appeals Council sends the case back to an Administrative Law Judge for additional proceedings.
The Appeals Council generally provides instructions identifying issues that require additional action or consideration.
For example, a remand could require further consideration involving:
Medical evidence
Medical opinions
Residual Functional Capacity
Past relevant work
Vocational evidence
Expert testimony
Procedural errors
Other unresolved issues
The ALJ must conduct additional proceedings consistent with the remand order.
Does a Remand Mean You Won Your SSDI Case?
Not necessarily.
A remand is usually good news in the sense that the prior unfavorable decision isn't simply left undisturbed.
But it isn't the same as an award of disability benefits.
The case generally returns for additional administrative proceedings.
Depending on the circumstances, that could include:
Another hearing
Additional evidence
Additional expert testimony
Additional findings
A new decision
The eventual decision can still be favorable or unfavorable.
Can Your Case Go Back to an ALJ?
Yes.
If the Appeals Council remands the case, it can return to an ALJ for additional proceedings.
The remand order will explain what needs to be addressed.
A claimant shouldn't assume the next hearing will simply repeat the first one.
The judge may need to develop or reconsider particular issues identified by the Appeals Council.
Can the Appeals Council Approve Disability Benefits?
Potentially.
The Appeals Council has authority to issue its own decision when appropriate.
However, many successful Appeals Council challenges result in a remand for additional proceedings rather than an immediate award of benefits.
Does the Appeals Council Hold Another Hearing?
Usually, Appeals Council review is primarily based on the administrative record and written submissions.
It isn't ordinarily another ALJ-style hearing where the claimant simply retells the entire disability story.
SSA's handbook provides a procedure for requesting an appearance before the Appeals Council, but such an appearance is granted when the Council determines that a significant question of law or policy is present or that oral argument would be beneficial.
For most disability claimants, the Appeals Council stage is therefore primarily a written appellate review process.
Can You Submit a Written Argument?
Yes.
A claimant or representative may submit written comments or arguments explaining why the ALJ's decision should be reviewed.
An Appeals Council argument might identify issues such as:
Legal errors
Unsupported findings
Improper evaluation of evidence
RFC errors
Vocational errors
Procedural problems
Failure to properly evaluate relevant evidence
Issues involving expert testimony
Simply writing:
“I disagree with the judge.”
usually provides much less useful information than identifying specific alleged errors in the decision.
Can You Submit New Medical Evidence to the Appeals Council?
Potentially—but there are important restrictions.
For many disability claims based on an application for benefits, additional evidence generally must be:
New
Material
Related to the period on or before the date of the ALJ's hearing decision
Reasonably likely to affect the outcome under SSA's regulatory standard
More precisely, SSA's current regulations require a reasonable probability that the additional evidence would change the outcome of the decision.
SSA also generally requires the claimant to demonstrate good cause for not submitting or informing SSA about the evidence earlier when the applicable rule requires it.
What Does “New” Evidence Mean?
Generally, new evidence isn't simply a duplicate of something already in the record.
For example, sending the Appeals Council another copy of the exact same MRI report usually doesn't add new information.
A newly obtained medical opinion, treatment record, diagnostic test or other evidence might qualify as new depending on the circumstances.
What Does “Material” Evidence Mean?
Material evidence must be relevant to an issue that matters to the disability determination.
Evidence about an unrelated medical issue that has no meaningful connection to the disputed disability issues may not be material.
SSA's internal guidance describes evidence as material when it affects the ALJ's findings or conclusions.
The Evidence Generally Must Relate to the Relevant Period
This is another critical requirement.
For an application-based disability claim, additional evidence generally must relate to the period on or before the date of the ALJ's hearing decision to qualify under the Appeals Council's new-evidence rule.
That doesn't necessarily mean the medical record itself must have been created before the ALJ decision.
The important question can be whether the evidence relates to the claimant's condition during the relevant period.
Example of Evidence That May Relate Back
Suppose the ALJ issues an unfavorable decision on:
June 1
A specialist evaluates the claimant on:
June 20
The specialist reviews earlier testing and medical records and provides information specifically addressing the claimant's limitations during the period before June 1.
Even though the specialist's report was written after the ALJ decision, it could potentially contain information relating to the period before the decision.
Whether SSA accepts and considers the evidence depends on the applicable requirements.
What If the New Evidence Is About a Condition That Became Worse After the ALJ Decision?
Evidence showing that your condition became worse after the ALJ's decision may not establish that the ALJ's earlier decision was incorrect.
If additional evidence doesn't relate to the relevant period, SSA's rules provide procedures concerning notice of the evidence and potential filing of a new application.
This is an important distinction:
Evidence that proves the ALJ was wrong about the earlier period can be different from evidence showing that you became disabled later.
What Is “Good Cause” for Late Evidence?
SSA's regulations provide examples of circumstances that may establish good cause for not submitting or identifying evidence earlier.
Examples can include:
SSA action that misled you
Certain physical, mental, educational or linguistic limitations
Serious illness
Death or serious illness in the immediate family
Important records destroyed by accident
Other unusual, unexpected or unavoidable circumstances
Evidence you actively and diligently sought but didn't receive in time
Good cause is evaluated under SSA's rules and the facts of the individual case.
Is the New-Evidence Rule Different for Some SSI Reviews?
Yes.
There is an important technical exception.
For certain Title XVI cases not based on a new application, such as some:
Age 18 redeterminations
Continuing Disability Reviews
Terminations
SSA applies different rules concerning additional evidence.
Its Appeals Council guidance specifically distinguishes these cases from ordinary application-based SSI claims.
This is one reason Appeals Council evidence rules can become complicated.
Should You Send Duplicate Medical Records?
Generally, don't unnecessarily flood the Appeals Council with duplicate records already in the file.
SSA's own best-practices guidance advises representatives to avoid submitting duplicative evidence because the Council already has access to the prior administrative record.
Instead, focus on relevant evidence that adds something meaningful to the case.
Does the Appeals Council Review the Entire ALJ Decision?
When reviewing a case, the Appeals Council isn't necessarily restricted only to the particular issue the claimant raises.
SSA warns that if the Appeals Council decides to review a case, it may consider issues decided by the ALJ—including issues that were decided favorably to the claimant.
This is an important reason Appeals Council strategy can require careful consideration.
Can the Appeals Council Review a Favorable ALJ Decision?
Potentially.
The Appeals Council has authority to review certain hearing decisions on its own motion.
SSA's regulations allow the Council to initiate review within 60 days after the date of certain ALJ decisions or dismissals.
So Appeals Council involvement isn't limited exclusively to claimants appealing unfavorable decisions.
Do You Need an Attorney for an Appeals Council Appeal?
You aren't legally required to have an attorney simply to request Appeals Council review.
However, this stage can be more legally technical than earlier stages of the disability process.
A representative may:
Review the ALJ decision
Review the hearing record
Identify appealable errors
Obtain the hearing recording
Develop legal arguments
Identify qualifying additional evidence
Prepare an Appeals Council brief
Address procedural issues
Evaluate whether federal court may be appropriate afterward
If you already have a disability attorney, ask whether representation includes the Appeals Council stage.
Not every representation agreement necessarily covers every future level of appeal.
What Should an Appeals Council Argument Focus On?
The strongest argument depends on the actual case.
Potential issues might involve:
Legal Error
Did the ALJ apply the wrong legal standard?
Evidence
Did the ALJ's findings lack substantial evidentiary support?
Residual Functional Capacity
Does the RFC fail to account for limitations supported by the record?
Vocational Evidence
Was there a material problem involving the vocational expert or vocational findings?
Medical Evidence
Was relevant medical evidence improperly evaluated or overlooked?
Procedure
Was there an important procedural problem that affected the fairness or outcome of the hearing?
The goal isn't simply to say the ALJ made the “wrong decision.”
The appeal should identify why Appeals Council review is warranted under the applicable standards.
How Long Does Appeals Council Review Take?
There isn't one guaranteed processing time for every case.
The amount of time can vary depending on:
Case complexity
Additional evidence
Size of the administrative record
Issues raised
Workload
Whether additional development is necessary
Whether review is granted
Whether the case is remanded
Applicants should avoid assuming that a longer wait means either approval or denial.
Can You Check the Status of an Appeals Council Case?
Yes.
SSA provides several ways to obtain information about pending Appeals Council review.
Depending on the claim, status information may be available through:
Your personal my Social Security account
Your representative
Social Security
The appropriate appeals office
SSA also provides Appeals Council contact information for pending requests for review.
What Happens If the Appeals Council Denies Review?
If the Appeals Council denies your request for review, the ALJ decision generally becomes the Commissioner's final decision for purposes of judicial review.
At that point, you may potentially file a civil action in U.S. District Court.
This is no longer an internal SSA administrative appeal.
It is a federal lawsuit seeking judicial review of Social Security's final decision.
How Long Do You Have to File in Federal Court?
Generally, a claimant has 60 days after receiving the Appeals Council's final action to file a civil action, subject to applicable rules and possible extensions.
Federal court litigation is substantially different from an ALJ hearing.
The court generally reviews whether SSA's final decision satisfies the applicable legal standards rather than conducting an entirely new disability hearing from scratch.
Because federal litigation involves formal court procedures, claimants often consider consulting an attorney experienced in Social Security federal court appeals.
What Can a Federal Court Do?
Depending on the case and applicable law, a federal court may:
Affirm SSA's decision
Reverse the decision
Remand the case for additional administrative proceedings
Take other action authorized by law
A federal court remand can eventually send the case back through SSA for further proceedings.
Appeals Council vs. ALJ Hearing
| ALJ Hearing | Appeals Council |
|---|---|
| Hearing-level review | Administrative appellate review |
| Claimant commonly testifies | Usually primarily record/written review |
| ALJ asks questions | Council generally reviews the existing case record and arguments |
| Vocational expert may testify | Usually no new VE hearing |
| Medical expert may testify | Usually no new medical-expert hearing |
| ALJ issues hearing decision | Council can deny review, grant review, issue a decision or remand |
| Followed by Appeals Council | Generally followed by federal court if administrative review is exhausted |
Appeals Council vs. Federal Court
These stages are also different.
Appeals Council
Part of SSA's administrative review system
Reviews ALJ actions
Can remand a case
Can issue certain decisions
Generally comes before federal court
Federal Court
Part of the federal judiciary
Not part of SSA
Reviews SSA's final decision under applicable law
Requires filing a civil action
Uses federal court procedures
What Should You Do After Receiving an Unfavorable ALJ Decision?
If you disagree with the decision:
1. Read the Entire Decision
Don't look only at the final page.
Understand why the ALJ denied the claim.
2. Check the Appeal Deadline
The Appeals Council request generally must be made within 60 days after receipt.
3. Contact Your Representative
If you have an attorney or representative, discuss whether they will handle the next appeal.
4. Review the Evidence
Determine whether important evidence was missing or misunderstood.
5. Identify Potential Errors
Look at the judge's findings involving:
Medical evidence
RFC
Symptoms
Past work
Other work
Vocational testimony
Legal standards
6. Identify Additional Evidence Promptly
If new evidence exists, don't wait until the end of the appeal period to address it.
7. File the Appeal on Time
Preserving your appeal rights should be a priority.
Example of an Appeals Council Remand
Suppose an ALJ determines that a claimant can perform a certain range of work and denies SSDI.
The claimant requests Appeals Council review and argues that the ALJ failed to properly address important limitations supported by the record and that those limitations could affect the vocational findings.
If the Appeals Council determines that further consideration is required, it might remand the case.
The remand order could instruct the ALJ to:
Reevaluate particular evidence
Reassess the claimant's RFC
Obtain additional vocational-expert testimony
Issue a new decision
The claimant may then receive another hearing.
Again:
A remand means additional proceedings—not automatic approval.
Frequently Asked Questions About the Appeals Council
What is the Social Security Appeals Council?
The Appeals Council is the administrative appeal level that generally reviews requests challenging ALJ decisions and certain hearing-level dismissals.
How long do I have to appeal an ALJ denial?
Generally, you must request Appeals Council review within 60 days after receiving the decision. SSA ordinarily assumes receipt five days after the notice date unless you show otherwise.
What form do I use?
Form HA-520 — Request for Review of Hearing Decision/Order can be used, and SSA also provides an online Appeals Council request process.
Does the Appeals Council hold another disability hearing?
Usually not. Appeals Council review is generally a record-based appellate process rather than another ALJ-style disability hearing.
Can I submit new medical evidence?
Potentially. Additional evidence must satisfy SSA's applicable requirements, which for many application-based disability claims include being new, material, related to the period on or before the ALJ decision and reasonably likely to change the outcome, along with applicable good-cause requirements.
What does it mean if Appeals Council review is denied?
Generally, the Appeals Council has declined to disturb the ALJ decision, making the ALJ decision SSA's final decision for purposes of the next stage of judicial review.
What does remand mean?
A remand means the Appeals Council sends the case back for additional administrative proceedings.
Does a remand mean I won?
No. It means additional proceedings are required. A new favorable or unfavorable decision may eventually result.
Can the Appeals Council approve my claim?
The Council has authority to issue its own decision when appropriate, although it can also remand cases for further proceedings.
Can I appeal an Appeals Council denial?
After the applicable administrative process is exhausted, you may potentially seek judicial review by filing a civil action in federal district court.
How long do I have to file in federal court?
Generally, the deadline is 60 days after receipt of the Appeals Council's final action, subject to applicable rules and extensions.
Key Takeaways
If you're considering an Appeals Council appeal:
The Appeals Council generally comes after the ALJ hearing.
You generally have 60 days after receiving the ALJ decision or dismissal to request review.
SSA normally presumes you received the notice five days after it was sent unless you establish otherwise.
The Appeals Council doesn't simply conduct another ALJ hearing.
Specific legal and evidentiary standards govern when review is warranted.
The Council may deny review.
It may dismiss a request in certain circumstances.
It may grant review.
It may issue its own decision.
It may remand the case to an ALJ.
A remand is not an automatic disability approval.
New evidence is subject to specific requirements.
Evidence concerning a later deterioration may be different from evidence relating to the period already decided.
Written legal arguments can be important.
If Appeals Council review is denied, federal court may be the next stage.
Federal court also has an important filing deadline.
The most important thing to remember after an unfavorable ALJ decision is:
Don't assume the case is over—but don't miss the deadline while deciding what to do next.
Related DisabilityTips.org Guides
Continue learning with:
What Is an Administrative Law Judge (ALJ)?
What Happens at an ALJ Disability Hearing?
What Does Remand Mean in an SSDI Case?
What Is Residual Functional Capacity (RFC)?
What Is a Vocational Expert (VE)?
What Is a Medical Expert (ME)?
What Is Reconsideration?
How to Appeal an SSDI Denial
What Happens After an ALJ Denial?
Social Security Disability Federal Court Appeals
50 Social Security Disability Terms You Should Know
Official SSA Resources
For additional information, readers can review:
SSA — Appeals Council Review Process
SSA — Request for Review of Hearing Decision/Order
Form HA-520
20 CFR § 404.970 — Appeals Council Review
20 CFR § 416.1470 — Appeals Council Review for SSI
SSA HALLEX — Appeals Council Procedures
Disclaimer
DisabilityTips.org provides general educational and informational content only. This page isn't legal advice and doesn't create an attorney-client relationship.
Social Security regulations, appeal procedures, evidence requirements and deadlines can change. Individual cases vary. Carefully review the appeal instructions contained in your SSA decision and consider contacting Social Security or a qualified representative regarding your individual case.
Last reviewed: October 23, 2026
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