Social Security disability appeals
SSDI is the federal program that pays disability benefits to people who worked and paid Social Security taxes. About two-thirds of California claims are denied at the initial stage. That isn't the end of the line — it's the start of an appeal process that gets meaningfully more favorable at the hearing stage.
How the appeal process works
There are four levels of appeal, each with a 60-day deadline (plus a 5-day mailing presumption). Miss the deadline and you usually have to start over with a new application — which can lose months of back-pay.
- Reconsideration. A new examiner at California's Disability Determination Services reviews the file. Approval rates are typically under 15%.
- ALJ hearing. An Administrative Law Judge holds a hearing — in person, by video, or by phone — and issues a written decision. Approval rates are 45–50% with proper preparation. This is the inflection point for most denied claimants.
- Appeals Council. A federal panel reviews the ALJ's decision for legal or procedural error. Reversals are uncommon (under 15%), but remands back to ALJ happen.
- Federal court. A federal district judge reviews under the Administrative Procedure Act. Long timeline, narrower standards of review.
What the law requires
To qualify for SSDI you need to (1) not be doing "substantial gainful activity" (in 2026, more than $1,690/month, or $2,830/month if statutorily blind), (2) have a medical condition that has lasted or is expected to last 12 months or to result in death, (3) be unable to do your past work or other work given your age, education, and work experience, and (4) be insured — meaning you've worked enough quarters under Social Security recently enough.
What it costs
Federal law caps representative fees at 25% of past-due benefits or $9,200, whichever is less, and SSA only pays the fee if you win. You pay nothing up front, and the cap applies to attorneys and non-attorney representatives alike.
What we'll need to know
- The date on your most recent denial notice (the deadline clock).
- What level of the appeal process you're at.
- Whether you're working — and if so, your monthly earnings.
- How long your condition has limited your ability to work.
- Roughly how much you've worked in the last ten years.
Fastest way to find out where you stand
AppealCheck walks you through the screening in nine quick questions. Free, no account, two-minute version. We'll tell you whether your appeal looks procedurally workable and exactly how many days you have left.