Your Chances of Winning a Social Security Disability Appeal

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 three fourths 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.

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 stages of the process before winning benefits.

Learn about the different stages of the appeal process and how to increase your odds of winning Social Security disability benefits.

Chances of winning a disability appeal with a lawyer

About 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 find you the best legal help for your case — with no upfront cost.

Take our 2-minute quiz to get matched with a great attorney.

Chances of winning at reconsideration vs. at a hearing

Disability benefits are a federal program — and with more disability hearings happening virtually, your administrative law judge might not be local. Still, the SSA publishes approval rates at the state level. Based on Social Security's data, we've calculated the approval rates of each state. Here are the approval rates in 2025 for the reconsideration stage.

Chances of winning a disability appeal: Reconsideration

Here, we've calculated the approval ratings by state of hearing for the first half of 2026.

Chances of winning a disability appeal: Hearing

A note that in some states — like Wyoming, Alaska, Idaho, Vermont and South Dakota — hearings were virtual, and held with judges in a neighboring state.

What happens at the Appeals Council and in federal court?

Disability Determination Services (DDS) denies roughly three-fourths 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:

1. Reconsideration

2. Hearing

3. Appeals council review

4. 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). At least half of applicants who make it this far 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 evidence from after the ALJ made their decision. 

4. Federal court

You can take your case to federal court if you lose your appeal hearing, and very rarely you can go all the way to the U.S. Supreme Court.

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 when you became disabled and when you win benefits. But the government can only look to the date of your application for SSI back pay, and 1 year prior for SSDI back pay.. So 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 not only prolong the application process, you could lose additional money.

How long does the appeal take?

As of August 2026, it takes an average of about 23 months from the time someone first applies for Social Security disability to get a final decision after a hearing. About 16 months of that time is just for appeals. Your exact wait for the disability application process depends on where you live, but it takes time.

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 no more than 25% of your back pay check after you win benefits.

Find disability help in your state

The bottom line

If your disability application is denied, you have the right to appeal. The SSA denies nearly 80% of initial disability applications, but a rejection doesn’t mean you won’t qualify. You have about 60 days to appeal after receiving a denial letter, so act quickly. Your chances of winning an appeal are higher with a lawyer.