Social Security disability appeal process Why should I appeal instead of reapplying? Your chances of winning a disability appeal by state How can a disability lawyer help with an appeal? Get help with your disability appeal Find disability help in your state Frequently asked questions about winning a disability appeal Resources > General General Your Chances of Winning a Social Security Disability Appeal Written by Jackie Jakab Lead Attorney Published August 9, 2022 Updated January 20, 2026 3 min read Why trust us? Compass Disability offers free, high-quality disability advice for Americans who can't work. Our team of Stanford and Harvard-trained lawyers has a combined 15+ years of legal experience and has helped over 50,000 Americans apply for disability benefits.
Why trust us? If you get a rejection on your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) application, you have the right to appeal that decision. Unfortunately, receiving a denial letter from the Social Security Administration (SSA) is a normal part of the process. The majority of applicants go through multiple appeal stages before winning benefits.
Learn about the different stages of the appeal process and how to increase your odds of winning Social Security disability benefits.
Key takeaways
- If your disability application is denied, you have the right to appeal. Denials are a normal part of the process.
- The SSA denies nearly 80% of initial disability applications. A rejection letter doesn’t mean you won’t qualify.
- Typically, you have 60 days to appeal after receiving a denial letter, so act quickly.
- The SSA has four appeal levels: reconsideration, hearing, Appeals Council review, and federal court—but most people only go through the first two.
Social Security disability appeal process
Disability Determination Services (DDS) denies nearly 80% of initial applications. Applicants have 60 days from the date of application denial to submit an appeal. There are four stages of the appeal process, though most applicants only go through the first two levels of appeals:
- Reconsideration
- Hearing
- Appeals council review
- Federal court
1. Reconsideration
If the SSA denies your initial claim, you can submit a request for reconsideration. Your chances of winning SSI or SSDI benefits at the reconsideration level are low. A denial at the initial level is for medical or technical reasons, such as if your medical condition is expected to last less than 12 months or if you need more work credits for SSDI. Understanding the reason for an initial denial can help you strengthen your disability claim. In most cases, the SSA just needs additional information about your disability.
Before you appeal, read these 7 tips for winning at reconsideration to increase your chances of success.
2. Hearing
If the SSA rejects your reconsideration, the next step in the appeal process is a disability hearing with an administrative law judge (ALJ). More than half of applicants win Social Security benefits at the hearing level.
The hearing stage offers a higher chance of winning a Social Security appeal than the reconsideration stage. But some judges have higher allowance rates than others. Check here for the number of awards and denials by judges in your area.
3. Appeals Council review
You can request an Appeals Council review if you do not win benefits at the hearing stage. It’s important to note that the Social Security Appeals Council will review the ALJ’s legal decision, not your disability claim. The Appeals Council will not consider any new medical evidence or your eligibility.
4. Federal court
You can take your case to federal court if you lose your appeal hearing. However, the odds of winning SSDI in federal court are very low.
Why should I appeal instead of reapplying?
When you appeal a denial instead of reapplying for disability, you’ll get more back pay if approved for benefits.
Back pay is the benefit money the government owes you for the time between submitting your application and winning benefits. The earlier your application date is, the more back pay you’ll get alongside your first benefits check.
So, if you start over instead of appealing, you will prolong the application process and could lose additional money.
83% of people have legal representation at their hearing — and for good reason. Studies show you're three times as likely to win benefits with the help of a lawyer. Compass Disability can pair you with the best legal help for your case — for free. Take our 2-minute quiz to get matched with a great attorney.
Your chances of winning a disability appeal by state
Disability benefits are a federal program — and with more disability hearings happening virtually, your administrative law judge might not be local. Still, here the SSA publishes approval rates at the state level. Here are the approval rates by state — both at the reconsideration and at the hearing stages.
Chances of winning a disability appeal: Reconsideration
Reconsideration allowance rate
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Chances of winning a disability appeal: Hearing
Hearing approval rate
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Illinois
Indiana
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Virginia
Washington
West Virginia
Wisconsin
A note that not all states had hearings in 2022 (the most recent year we have data). In some states — like Wyoming, Alaska, and South Dakota — hearings were virtual, and held with judges in a neighboring state.
How can a disability lawyer help with an appeal?
A lawyer can help you throughout the entire appeal process . A lawyer can help you file for reconsideration, gather medical records, and prepare you for a disability hearing.
A lawyer will represent you in court, cross-examine a vocational expert, and help you prepare answers for the administrative law judge’s questions .
Get help with your disability appeal
Working with a Social Security disability lawyer can increase your odds of winning disability benefits by three times. Take our 2-minute disability quiz , and a member of our team will follow up for more information and offer advice.
Compass Disability can connect you with a disability lawyer if you'd like. There is no upfront cost to working with Compass Disability. Your lawyer will get 25% of your back pay check after you win benefits.
Find disability help in your state
Alabama
Arizona
California
Colorado
Florida
Georgia
Hawaii
Illinois
Indiana
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Virginia
Washington
Wisconsin
Other regions
Frequently asked questions about winning a disability appeal
What are my chances of winning a disability appeal?
Your chances of winning a disability appeal are higher than an initial application. Less than 10% of Social Security disability claims are successful at the reconsideration stage. At the hearing level, more than 54% of claimants win benefits. You can look up your judge's approval rate here .
Why should I appeal my disability denial?
Most people who win disability benefits win on an appeal. When you appeal a denial instead of reapplying for disability, you’ll get more back pay once you win benefits. Here's our guide to calculating back pay .
How do I improve my chances of winning a disability appeal?
Getting a Social Security disability lawyer improves your chances of winning a disability appeal. Applicants with lawyers are three times as likely to win SSDI or SSI benefits. Here's our guide to working with a disability lawyer on your appeal .
How long does a disability appeal take?
The process of applying to win benefits can take more than two years. It takes an average of seven to eight months to receive a decision on an initial application. Reconsideration takes an average of 100 days to process. From there, most people wait 13 months for the SSA to schedule a hearing, then one to three months for a decision. Here is a more detailed guide on what wait times you can expect .
Jackie Jakab
Lead Attorney
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