Tennessee disability lawyers since 2002
Social Security Disability Appeals Lawyers
The letter that says denied also starts a clock: 60 days to appeal, at every level, all the way up.
A denial is not a detour from the normal process; the appeal is part of the process, and it is where the record gets completed. We have handled Social Security Disability appeals, and only Social Security Disability, since 2002, and today disability is the only law we practice.
The work at every level is the same in spirit: complete the record, meet the deadline, and put the case in front of the decision-maker most likely to actually weigh it.
A disability appeal has four levels: reconsideration, a hearing before an administrative law judge, Appeals Council review, and federal court. Each has a 60-day deadline from when you receive the prior decision, and SSA presumes you received it 5 days after its date. Appealing on time keeps the original claim alive, while a new application in place of an appeal can mean losing months of benefits. You pay no fee unless you win.
Where this sits in the process
- 1ApplicationA state agency reviews the medical side.
- 2ReconsiderationRequested within 60 days of receiving a denial.
- 3HearingAn administrative law judge decides on the full record.
- 4Appeals CouncilReview of the judge's decision for error.
- 5Federal courtReferred to affiliated counsel.
What Are the Four Levels of a Disability Appeal?
| Level | Deadline to request | Who decides | What it is |
|---|---|---|---|
| Reconsideration | 60 days, 20 CFR 404.909 | State DDS, new examiner | A second paper review of the file |
| ALJ hearing | 60 days, 20 CFR 404.933 | Administrative law judge | Testimony, experts, the full record |
| Appeals Council | 60 days, 20 CFR 404.968 | SSA Appeals Council | Error review of the judge's decision |
| Federal court | 60 days, 20 CFR 422.210 | US District Court |
Every deadline above runs from the date you receive the decision, and receipt is presumed 5 days after the date printed on it.
Miss a deadline without good cause and the decision below becomes final. The levels also do different jobs: the first two decide whether you are disabled, while the last two mostly decide whether the levels below made a mistake. That distinction shapes strategy at every step.
How Does Reconsideration Work?
Reconsideration is not a fresh look so much as a second pass. Your file goes back to the state Disability Determination Services and a different examiner reviews it under 20 CFR 404.909. We take the stage seriously, because it is required before a hearing and because it is a window: whatever the first examiner did not see, the second one can. New treatment records, a worsening condition, and provider opinions all go in here. Our full reconsideration stage guide walks through the stage in detail.
Why Appeal Instead of Filing a New Application?
Back benefits anchor to your original filing date, and abandoning an appeal to reapply usually surrenders every month between the two applications.
Because the money is tied to the date. Back benefits anchor to your original filing date, and abandoning an appeal to reapply usually surrenders every month between the two applications. SSA itself acknowledges the trap: its own ruling on the subject, SSR 95-1p, which addresses good cause for missing an appeal deadline, notes that filing a new application instead of requesting review could result in the loss of benefits. A new application also starts over at the first level, below where your denied claim was already standing, and Social Security generally will not accept a new application of the same type while that claim is pending at any level of appeal. The appeal keeps your place; reapplying sends you to the back of the line with a lighter wallet.
What Does the Appeals Council Actually Review?
The Appeals Council does not rehear your case. Under 20 CFR 404.968 and 404.970, it reviews the judge's decision for specific problems: an abuse of discretion, an error of law, findings not supported by substantial evidence, a broad policy issue, or new evidence that is material, relates to the period on or before the hearing decision, has a reasonable probability of changing the outcome, and comes with good cause for being late. That is a narrow gate. The work at this level is a lawyer's work in the most literal sense: reading the decision against the record and the regulations, then writing the argument that names the error. Our guide to the Appeals Council and federal court covers what strong arguments at this level look like.
Taking a Disability Case to Federal Court
It is a real path, cases are won on it every year, and it requires an attorney admitted to the reviewing court.
If the Appeals Council denies review, the administrative road ends and a different one opens: a civil action against the Commissioner of Social Security under 42 USC 405(g), filed in US District Court within 60 days of receiving the Council's notice under 20 CFR 422.210. For Middle Tennessee claimants that court is the U.S. District Court for the Middle District of Tennessee, which has Nashville, Columbia and Northeastern divisions. Federal judges do not decide whether you are disabled; they decide whether SSA followed the law and supported its decision with substantial evidence. A court that finds an error can reverse the decision or remand it, sending the case back to Social Security for a rehearing. It is a separate lawsuit in federal court, not another step inside Social Security. When a case earns that step, we refer it to a trusted affiliate firm that handles federal court appeals, and the record we built carries forward with it.
Disability Appeals Frequently Asked Questions
How long does a disability appeal take from start to finish?
It depends on how far you have to go. Each level adds its own processing time, and timing varies from case to case and office to office. That uncertainty is why protecting your filing date matters so much.
Will the Appeals Council look at new evidence?
Only through a narrow gate. The evidence must be new, material, related to the period on or before the hearing decision, reasonably likely to change the outcome, and accompanied by good cause for why it was not submitted earlier. Evidence about how you are doing now usually belongs in a new claim, not the appeal.
What are the chances of winning a disability appeal?
No one can honestly put a number on a single claim. Each level asks a different question: reconsideration is a second paper review, the hearing is the first time a judge hears from you and weighs the whole record, and the Appeals Council looks for errors in the judge's decision. What moves a claim at every level is a complete record filed on time, and everything before the hearing should be spent building it.
Can I work while my disability appeal is pending?
Some work is possible, but earnings above the substantial gainful activity level can sink the claim, and even part-time work at heavy exertion or high skill can be used against you. If you must work to survive during the wait, talk to your representative first about the limits, and look at community resources to help fill the gap.
What is a remand in a disability case?
A remand is a do-over ordered from above: the Appeals Council or a federal court sends the case back for a new hearing because something went wrong the first time. It is not an approval, but it is a second chance in front of a judge with the error named.
Free case review
Start Your Appeal Before the Clock Runs Out
Whatever level your case is at, the next deadline is already running. Request your free case review or call (615) 255-4307 and we will tell you plainly what level you are at, what the next step is, and what your file needs.
Under federal fee rules, you pay no fee unless you win, and the fee is capped at 25 percent of past-due benefits or $9,200 (for favorable decisions on or after November 30, 2024), whichever is less. If your case is headed to a hearing, the record should be built for that stage from the start.