Key Takeaways
- The Disability Appeals Council (DAC) is a critical federal step for Social Security Disability claimants in Maryland who have been denied at the Administrative Law Judge (ALJ) hearing level.
- Filing a request for review with the DAC must be done within 60 days of receiving the ALJ’s decision.
- The DAC reviews your entire case record but generally does not hold new hearings or accept new evidence.
- Maryland claimants experience varying DAC decision timelines; knowing local hearing office wait times and approval rates can help set expectations.
- If the DAC denies your request, the next step is to file a lawsuit in the U.S. District Court for Maryland.
What is the Disability Appeals Council?
The Disability Appeals Council (DAC) is an office within the Social Security Administration (SSA) that handles appeals when a claimant disagrees with an Administrative Law Judge (ALJ) hearing decision. If you applied for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and the ALJ denied your claim, you have the right to ask the DAC to review the decision before going to federal court.
The DAC is the final step in the SSA’s administrative process. It does not conduct new hearings or gather new evidence but reviews the ALJ’s decision for legal or procedural errors and whether the decision is supported by substantial evidence.
Why is the Disability Appeals Council Important in Maryland?
For Maryland residents, the DAC is especially important because:
- Maryland’s hearing offices (Baltimore and others) have specific processing times that affect when a DAC request can be filed.
- Maryland claimants’ approval rates at the ALJ level vary, and many face denial; the DAC offers a last chance to overturn unfavorable decisions without going to court.
- State-specific factors, such as local DDS (Disability Determination Services) office practices and medical provider availability, influence the evidence and outcomes reviewed by the DAC.
- Understanding Maryland’s federal court landscape is essential if the DAC denies your appeal, as your next step is judicial review.
How to Request a Review by the Disability Appeals Council in Maryland
Step 1: Review the ALJ Decision
After your hearing, you will receive a written decision from the ALJ, typically within 90 days. The decision explains whether your claim was approved or denied and the reasons behind the ruling.
If denied, carefully read the decision letter to understand the basis for denial. This information is critical when you prepare your DAC request.
Step 2: File a Request for Review (Form SSA-561)
To initiate the DAC review, you must submit a Request for Review of Hearing Decision/Order (Form SSA-561) within 60 days of receiving the ALJ’s decision letter. This deadline is strict; missing it means losing your right to DAC review.
You can file your request:
- Online through my Social Security at SSA.gov
- By mail to the Appeals Council office (address provided in your ALJ decision letter)
- By fax or in person at your local Social Security office in Maryland
Step 3: What Happens Next?
Once the DAC receives your request, they will notify you whether they will review your case. The Appeals Council may:
- Deny the request because they find no basis to change the ALJ decision (meaning the ALJ’s decision stands)
- Grant the request and either reverse or remand the case back to the ALJ for further review
- Take no action if they find no error in the ALJ’s decision
What Does the Disability Appeals Council Review?
The Appeals Council reviews your complete case file, including:
- The initial application and medical evidence submitted to the Maryland DDS office
- The ALJ hearing transcript and exhibits
- The ALJ’s written decision
- Any additional evidence already in the record before the ALJ
Important: The DAC does not accept new evidence unless you can show it is new and relevant and that you had good cause for not submitting it earlier. This is a high bar to meet.
The Appeals Council’s review focuses on legal errors, such as:
- Misapplication of SSA rules or the Blue Book Listings of Impairments
- Failure to consider important evidence
- Procedural mistakes during the hearing
- Whether the ALJ’s decision is supported by substantial evidence
Maryland-Specific Considerations for DAC Appeals
Local Hearing Office Wait Times
Maryland ALJ hearing offices, such as the Baltimore Hearing Office, can have variable wait times. As of early 2024, Maryland averages approximately 12 to 16 months from hearing request to decision. This affects when you receive your ALJ decision and thus when you can file with the DAC.
Approval Rates at ALJ and DAC Levels
Approval rates for Maryland claimants at the ALJ level hover around 40% but vary by type of impairment and judge. The DAC overturns or remands roughly 10-15% of ALJ decisions in Maryland, making it a challenging but sometimes fruitful step.
Common Impairments in Maryland Claims
Maryland claimants often have claims based on musculoskeletal disorders, mental health conditions, and chronic illnesses. Familiarity with the SSA Blue Book Listing criteria relevant to these impairments can help in DAC appeals.
Timeline: From ALJ Decision to DAC Outcome in Maryland
| Step | Typical Timeframe (Maryland) |
|———————————-|———————————————–|
| ALJ Hearing Decision | 12-16 months after hearing request |
| Filing Request for DAC Review | Within 60 days of ALJ decision receipt |
| DAC Review Processing Time | 3-6 months on average |
| Total Time from Hearing Request to DAC Decision | Approximately 15-22 months |
Note: These timeframes fluctuate based on SSA workload, pandemic-related delays, and local office staffing.
What If the Appeals Council Denies Your Request?
If the DAC denies your request to review, the ALJ’s decision stands. At this point, your next and final option is to file a lawsuit in the U.S. District Court for the District of Maryland.
Filing a Federal Court Lawsuit
- Must be filed within 60 days of the DAC’s denial letter.
- Requires legal expertise; many claimants hire a disability attorney experienced in federal court.
- The court reviews the administrative record, and judges do not consider new evidence.
Tips for a Successful DAC Appeal in Maryland
- File your DAC request on time: Missing the 60-day deadline almost always ends your administrative appeal rights.
- Understand your ALJ denial: Know the exact reasons for denial; this lets you focus your DAC argument on legal or factual errors.
- Work with a disability attorney or advocate: Appeals Council submissions require precise legal arguments and familiarity with SSA procedures.
- Gather new evidence carefully: If you have new medical records, consult a professional before submitting them to the DAC.
- Be patient but proactive: DAC decisions can take months; continue treatment and document your condition during this waiting period.
Resources for Maryland Claimants
- SSA Disability Process Overview: SSA.gov Disability
- Maryland DDS Office Contact:
Disability Determination Services
311 W. Saratoga Street
Baltimore, MD 21201
Phone: (410) 767-2620
- Baltimore Hearing Office Contact:
31 Hopkins Plaza, Suite 300
Baltimore, MD 21201
Phone: (410) 962-3600
- SSA Blue Book Listings:
- U.S. District Court for Maryland:
Frequently Asked Questions
How long do I have to file an appeal with the Disability Appeals Council in Maryland?
You have 60 calendar days from the date you receive the ALJ decision letter to file your Request for Review (Form SSA-561) with the Disability Appeals Council.
Can I submit new medical evidence to the Appeals Council?
The Appeals Council generally does not accept new evidence unless you show it is new, material, and there was good cause for not submitting it earlier at the ALJ level.
What happens if the Appeals Council sends my case back to the ALJ?
The Appeals Council can remand your case to an ALJ for further review. This often means additional development of evidence or a new hearing.
How long does the Appeals Council take to decide on my request?
In Maryland, the Appeals Council typically takes 3 to 6 months to process a Request for Review, though times may vary.
What are my options if the Appeals Council denies my request for review?
If the Appeals Council denies your request, you can file a lawsuit in the U.S. District Court for Maryland within 60 days to seek judicial review.
Final Thoughts: Why You Should Consult a Disability Attorney in Maryland
Navigating the Disability Appeals Council process can be overwhelming, especially when you are already dealing with a serious health condition. The DAC’s decisions hinge on complex legal standards and thorough review of medical and procedural evidence.
An experienced disability attorney in Maryland can:
- Help you understand the ALJ denial and the DAC review process
- Ensure your Request for Review is timely and properly filed
- Identify and argue legal errors in the ALJ decision
- Assist in gathering any new evidence if appropriate
- Guide you through the next step if federal court litigation becomes necessary
If you are scared or confused about your Social Security Disability appeal, do not go it alone. Getting professional guidance increases your chances of securing the benefits you deserve.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.