Public Benefits

Denied Social Security Disability (SSDI or SSI) in Utah: How to Appeal and the 60-Day Deadline

General information, not legal advice. Read the full disclaimer.

Short answer: If the Social Security Administration (SSA) denies your disability claim, you generally have 60 days after you receive the notice to ask for the next level of review (20 C.F.R. § 404.909 for reconsideration, § 404.933 for an administrative law judge hearing, § 404.968 for the Appeals Council). SSA presumes you received a notice five days after the date on it unless you show otherwise (20 C.F.R. § 404.901), so in practice the deadline is about 65 days from the date printed on the notice. If you miss it, you can ask for an extension by showing good cause (§ 404.911). Missing a deadline can mean starting over with a new application, which can cost you months of back benefits, so calendar the deadline the day the letter arrives and appeal even if you aren't sure of your reasons.

Who this guide is for

Utahns who applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and received a denial, or whose benefits were stopped. This is general information about the federal process; it is not legal advice, and SSA changes procedures. Because appeals are won or lost on medical evidence and deadlines, consider getting help from a representative.

SSDI vs. SSI in one minute

  • SSDI is for people with a qualifying disability who have enough work credits from paying Social Security taxes.
  • SSI is a need-based program for people with disabilities (or who are 65 or older) with very limited income and resources.
  • You can apply for both. Both use SSA's disability definition (a medical condition that prevents substantial work and is expected to last at least a year or result in death). Appeals follow the same general steps, with parallel SSI rules.

The usual appeal steps

StageWhat it isDeadline
1. Initial decisionSSA's first ruling on your applicationYou receive a notice
2. ReconsiderationA second review by a different SSA reviewer (used in most states)60 days after you receive the notice (§ 404.909)
3. HearingA hearing before an administrative law judge60 days after you receive the notice of the previous decision (§ 404.933)
4. Appeals CouncilReview of the judge's decision60 days after you receive the hearing decision (§ 404.968)
5. Federal district courtA lawsuit in U.S. District CourtWithin 60 days of receiving the Appeals Council's action (check the notice; the federal statute sets this window)

For an extension, you or a party may ask in writing, explain why the request is late, and show good cause (§§ 404.911, 404.933(c), 404.968).

What helps most in an appeal

  1. Medical records and treatment notes that show how your condition limits you, from every provider.
  2. Statements from your doctors about your limits (sitting, standing, concentration, attendance).
  3. Work history and daily-activity descriptions that match the medical evidence.
  4. Staying in treatment; gaps in treatment are often used against claimants.
  5. Responding fast to every SSA letter, including requests for exams.
  6. A representative. Many attorneys and advocates take SSA cases only if you win, and SSA regulates and approves their fees. You can also ask legal aid. See How to Find Free or Low-Cost Legal Help in Utah. Utah Legal Services (1-800-662-4245) is listed by the Utah courts among low-income legal help, and the Disability Law Center (800-662-9080) offers free services to people with disabilities; check that your issue is within their priorities.

How to file the appeal

SSA lets you appeal online, by phone or at an SSA office; confirm current options on SSA's website or by phone and keep proof of what you filed and when (a confirmation number, a stamped copy, or a certified mail receipt).

If you also need other benefits

Frequently asked questions

How long do I have to appeal an SSDI denial?

Sixty days after you receive the notice, which SSA presumes is five days after the date on the letter.

What if I missed the deadline?

Ask in writing for more time and explain why; SSA extends the period if you show good cause. Or consider reapplying, but talk to a representative first.

Should I reapply instead of appealing?

Often an appeal protects your original filing date and possible back pay; a new application restarts the clock. Talk to a representative about your situation.

Do I have to pay a lawyer up front?

Many disability representatives work on contingency and are paid from past-due benefits, with SSA setting the rules; ask any representative about fees before you sign.