ROADMAP: Appealing a Social Security Denial for the First Time

Understand the Decision and Options

You will get a letter with a decision about your appeal. This will be “fully favorable,” “partially favorable” or “unfavorable.”

If you get a “fully favorable” decision, you won! The letter will tell you the date Social Security will award you unpaid benefits.

If you get an “unfavorable” or “partially favorable” decision, it will tell you which parts of your appeal were denied and why.

Moving to the next appeal level

If you disagree with the decision, you have the right to go to the next level of appeal.

Deadline

You have 60 days plus 5 days from the date printed at the top of this letter to proceed to the next level: an appeal to an “Administrative Law Judge” (ALJ). (Those extra 5 days are for the time it took for your notice to reach you.) Many people get a better decision in an ALJ appeal.

Were you already getting an SSI or SSDI benefit? You still have 60 plus 5 days to appeal, but if you want to keep getting benefits while Social Security reviews your appeal, you must appeal within 10 days of the date printed on the top of the notice.

Appealing to an ALJ is more complicated than a first-level appeal. Contact us for advice or a referral for help.

Have a question?

If you have more questions about Social Security appeals, contact us at Legal Services Vermont. We can give you advice.

Helpful link: You can also find out about Social Security appeals on the Social Security website.

Updated: Jun 16, 2022