Your Chances of Winning a Social Security Disability Appeal
Atticus 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.
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 disability benefits.
Social Security disability appeal process
Disability Determination Services (DDS) denies nearly 80% of initial applications. Applicants have 60 days from the application denial date to submit an appeal. There are four stages of the appeal process, though most applicants only go through the first two:
Reconsideration
Hearing
Appeals council review
Federal court
1. Reconsideration
If the initial decision is unfavorable, you can request a reconsideration. Your chances of winning SSI or SSDI benefits at reconsideration are low. In 2023, 8% of applicants got benefits at this stage in the appeal process. A denial at the initial level is either for medical or technical reasons, like 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 denial can help you strengthen your disability claim.
Before you appeal, read these 7 tips for winning at reconsideration.
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 Appeals Council will review the ALJ’s legal decision, not your disability claim. The Appeals Council will not consider any new 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. Atticus 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
State | Reconsideration allowance rate |
Alabama | 16% |
Alaska | 17% |
Arizona | 16% |
Arkansas | 15% |
California | 15% |
Colorado | 11% |
Connecticut | 18% |
Delaware | 19% |
District of Columbia | 13% |
Florida | 15% |
Georgia | 15% |
Hawaii | 14% |
Idaho | 18% |
Illinois | 15% |
Indiana | 11% |
Iowa | 14% |
Kansas | 14% |
Kentucky | 11% |
Louisiana | 18% |
Maine | 20% |
Maryland | 19% |
Massachusetts | 23% |
Michigan | 15% |
Minnesota | 11% |
Mississippi | 14% |
Missouri | 16% |
Montana | 22% |
Nebraska | 16% |
Nevada | 14% |
New Hampshire | 26% |
New Jersey | 15% |
New Mexico | 17% |
New York | 17% |
North Carolina | 14% |
North Dakota | 17% |
Ohio | 13% |
Oklahoma | 12% |
Oregon | 16% |
Pennsylvania | 16% |
Puerto Rico | 11% |
Rhode Island | 16% |
South Carolina | 16% |
South Dakota | 16% |
Tennessee | 17% |
Texas | 15% |
Utah | 11% |
Vermont | 17% |
Virginia | 16% |
Washington | 14% |
West Virginia | 12% |
Wisconsin | 21% |
Wyoming | 11% |
Chances of winning a disability appeal: Hearing
State | Hearing approval rate |
Alabama | 57% |
Arizona | 52% |
Arkansas | 49% |
California | 59% |
Colorado | 47% |
Connecticut | 47% |
Delaware | 61% |
District of Columbia | 48% |
Florida | 56% |
Georgia | 53% |
Hawaii | 78% |
Illinois | 49% |
Indiana | 53% |
Iowa | 57% |
Kansas | 42% |
Kentucky | 51% |
Louisiana | 54% |
Maine | 56% |
Maryland | 59% |
Massachusetts | 50% |
Michigan | 60% |
Minnesota | 49% |
Mississippi | 51% |
Missouri | 47% |
Montana | 53% |
Nebraska | 55% |
Nevada | 50% |
New Hampshire | 53% |
New Jersey | 59% |
New Mexico | 46% |
New York | 58% |
North Carolina | 62% |
North Dakota | 52% |
Ohio | 53% |
Oklahoma | 62% |
Oregon | 59% |
Pennsylvania | 50% |
Puerto Rico | 65% |
Rhode Island | 47% |
South Carolina | 60% |
Tennessee | 58% |
Texas | 50% |
Utah | 47% |
Virginia | 48% |
Washington | 49% |
West Virginia | 57% |
Wisconsin | 52% |
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.
Atticus can connect you with a disability lawyer if you'd like. There is no upfront cost to working with Atticus. Your lawyer will get 25% of your back pay check after you win benefits.
Find disability help in your state
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.
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