Time Limits For An Appeal

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal.

  • In counting the 60 days, the Appeals Council presumes that you received the Administrative Law Judge’s unfavorable Notice of Decision five days after Social Security mailed it unless you can show that you received it later.
  • If you do not appeal on time, the Appeals Council may dismiss your appeal. This means that you may not be eligible for the next step in the appeal process and that you may also lose your right to any further review.
  • You must have a good reason if you wait more than 60 days to request an appeal. If you file an appeal after the deadline, you must explain the reason you are late and request that Social Security extend the time limit. The people in the Social Security office can explain further and help you file a written request to extend the time limit. The Appeals Council will consider your request and decide whether to extend the time limit.