If you feel you have been unfairly denied Social Security disability benefits, the Social Security Administration (SSA) has four levels of appeals by which you can continue to pursue your benefits.
The first level is called a reconsideration determination, where someone who was not involved in the initial denial of your claim reviews your file. If necessary, you may submit additional evidence before your reconsideration.
If you are denied yet again, you may request a hearing before an administrative law judge (ALJ). The hearing will entail the ALJ questioning you and any witnesses you choose to bring. If you reach this step, you should strongly consider hiring a Social Security disability representative to help you with your case.
If you are denied at this hearing, your Social Security disability representative may be able to pursue your case further before the Appeals Council. The Appeals Council will decide whether or not to review your case. If it does decide to review your case, it may issue a decision immediately or schedule a hearing before a different ALJ.
If your case was rejected for review or denied at this point, you may file your case in federal court.
For each step in the appeal process, you typically have 60 days after receiving a decision to appeal. If you appeal a denial from an ALJ hearing after a federal court has remanded your case, the time limit is 30 days.
These limits assume that you received the decision five days after it was mailed to you, and the deadline may be extended if you can prove it took more than five days for you to receive the decision.
If the SSA does not receive your appeal within the deadline due to a delay in delivery, you will not be penalized if you can prove you mailed the appeal on time. If the postmark is legible, it should sufficient to prove late delivery. If the postmark is missing or illegible other evidence will be considered.