Skip to content
Federal benefits hub60-day SSDI / SSI appeal plan

SSA denied your initial disability claim. Don’t panic — the majority of approved SSDI / SSI cases are denied at the initial stage and approved later. Under 20 CFR § 404.909 you have 60 days from the denial notice to file a Request for Reconsideration. The clock is running.

01

Note the date — your 60-day clock just started

Under 20 CFR § 404.909, you have 60 days from the date of the denial notice (presumed received 5 days after the date stamped) to file a Request for Reconsideration. Miss it and the denial becomes final — you would have to start over with a brand new application.

02

Read the denial reason carefully

SSA states specifically why your claim was denied. Common reasons: (a) insufficient medical evidence, (b) your RFC exceeds the listed impairment, (c) ability to perform past relevant work, (d) ability to perform other work that exists in the national economy. The reason tells you what evidence you need to strengthen.

03

File the SSA-561 within 60 days

Form SSA-561 — Request for Reconsideration. Filed online at ssa.gov/disability, by mail to your local SSA office, or in person. Attach any new medical records or treating-physician opinions that weren't in the initial file. The wizard generates the cover letter + record-request worksheet.

04

Strengthen the medical record

Get treating-physician opinions on your functional limitations. The RFC (Residual Functional Capacity) is the heart of every SSDI case. A treating-source statement under SSR 96-2p describing what you can and cannot do (sit / stand / lift / concentrate) is more persuasive than raw treatment notes.

05

If reconsideration is denied, request an ALJ hearing

Form HA-501 within 60 days of the reconsideration denial. ALJ hearings have ~50% or higher approval rates depending on your region and ALJ. Wait time is currently 6-18 months — file immediately. ssa.gov publishes ALJ disposition statistics by office.

06

Consider attorney representation for the ALJ stage

SSDI attorney fees are statutorily capped at 25% of past-due benefits or $9,200 (2025), whichever is less, under 42 USC § 406. Most attorneys take SSDI cases on pure contingency — no fee unless you win. The ALJ stage is where representation has the highest ROI; the lower stages are mostly paperwork and timeline management.