Key Takeaways
- The Disability Appeals Council (DAC) is the final administrative step in the Social Security Disability claims process before federal court.
- If the Massachusetts hearing office denies your claim, you can request a review by the DAC within 60 days.
- The DAC reviews your case for legal or procedural errors but does not hold new hearings or accept new evidence.
- Massachusetts has higher than average wait times for hearings, making the Appeals Council an important option for timely review.
- Understanding the DAC process and deadlines can improve your chances of winning your disability benefits claim.
What is the Disability Appeals Council?
The Disability Appeals Council (DAC) is the final administrative review body within the Social Security Administration (SSA) that reviews decisions made by Administrative Law Judges (ALJs) in disability hearings. If the ALJ denies your claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you have the right to request a review by the DAC.
The DAC does not conduct a new hearing or gather new evidence. Instead, it reviews the ALJ’s decision to check for legal errors or mistakes in how the SSA applied the rules. If the DAC finds the ALJ made an error, it can reverse or remand your case back to the ALJ for further review. If the DAC denies your request or upholds the ALJ’s decision, your next option is to file a lawsuit in federal district court.
Why the Appeals Council Matters in Massachusetts
Massachusetts claimants face unique challenges when appealing disability denials. According to the Social Security Administration’s data, Massachusetts hearing offices have some of the longest wait times in the country — often exceeding 12 months. This delay can be devastating for disabled workers and their families who depend on timely benefits.
The Appeals Council offers an important second chance to secure benefits without the additional wait for a new hearing. Understanding how to properly file a request for review and what to expect from the DAC can help you avoid unnecessary delays and increase your chances of success.
When Can You Request a Review by the Disability Appeals Council?
After your hearing before an ALJ in Massachusetts, you will receive a written decision, called the Notice of Hearing Decision. If the ALJ denies your claim, you have 60 days from the date you receive the decision to file a request for review with the Appeals Council. This deadline is strict — missing it usually means giving up your right to administrative review.
You request review by filing the Request for Review of Hearing Decision/Order (Form HA-520) or by submitting a written letter asking for review. You do not need a lawyer to request DAC review, but having legal help can make the process smoother and more effective.
How the Appeals Council Reviews Your Case
The Appeals Council reviews your ALJ hearing decision by:
- Ensuring the ALJ applied the correct legal standards under the Social Security Act and SSA regulations.
- Checking that the ALJ’s findings are supported by substantial evidence in the record.
- Considering if all relevant evidence was properly evaluated.
- Reviewing any new evidence you submit that meets strict criteria (generally, new, material, and related to the period under review).
The Appeals Council can take one of three actions:
1. Grant the request and issue a new decision that may fully or partially grant benefits.
2. Remand the case back to the ALJ for additional review or development of the record.
3. Deny the request or dismiss it if no error is found or the request is untimely.
What Evidence Can You Submit to the Appeals Council?
Unlike the ALJ hearing, the Appeals Council does not usually accept new evidence after the hearing decision. However, you may submit new evidence if it is:
- New (not previously available at the time of the hearing),
- Material (relevant and likely to change the outcome),
- Related to the period before the ALJ’s decision.
For example, if you have new medical records from your doctor during the relevant time period that were not in the record at the hearing, you can submit those. The Appeals Council will consider this new evidence when deciding whether to grant your request or remand your case.
Massachusetts Disability Appeals Council Statistics
The following table shows key statistics relevant to Massachusetts claimants appealing to the Disability Appeals Council based on the most recent SSA data:
| Metric | Massachusetts | National Average |
|——————————————|—————————————-|————————————-|
| Average wait time for ALJ hearing (days) | 420+ days (~14 months) | 370 days (~12 months) |
| Appeals Council request grant rate | 10-15% | 12-18% |
| Percentage of Appeals Council remands | 7-10% | 8-12% |
| Average time for Appeals Council review | 90-120 days (3-4 months) | 90 days (3 months) |
| Approval rate after Appeals Council review | ~20-25% (including remanded cases) | ~25% |
Source: Social Security Administration Office of Disability Adjudication and Review (ODAR) Data, 2023
These statistics highlight that while the Appeals Council grants relief in a relatively small percentage of cases, it remains a critical step for claimants in Massachusetts due to the long hearing wait times.
How to File a Request for Review with the Appeals Council
Step 1: Obtain Your Hearing Decision
After your hearing, the ALJ will mail you a Notice of Hearing Decision. Carefully review this document to understand the reasons for denial.
Step 2: File Your Request for Review Within 60 Days
You must submit your request for review within 60 days of receiving the ALJ’s decision. You can do this by:
- Completing and mailing the Request for Review of Hearing Decision/Order (Form HA-520), available on SSA.gov.
- Writing a clear letter requesting review of your hearing decision, including your name, Social Security number, date of the decision, and reasons you believe the decision was wrong.
Send your request to the Appeals Council address listed on your Notice of Hearing Decision or via the SSA website.
Step 3: Submit New Evidence (Optional)
If you have new, relevant medical or other evidence, include it with your request or within 10 business days after submitting your request. Make sure to explain why this evidence was not available at the hearing.
Step 4: Wait for the Appeals Council Decision
The Appeals Council will notify you by mail whether it has accepted your request for review, denied it, or remanded your case. This can take 3 to 4 months or longer.
What Happens If the Appeals Council Denies Your Request?
If the Appeals Council denies your request or upholds the ALJ’s denial, you can file a lawsuit in federal district court. This is your last chance to seek Social Security disability benefits.
You generally have 60 days from the date you receive the Appeals Council’s denial to file your federal court appeal. At this stage, it is highly advisable to consult an experienced Social Security disability attorney to help with your case.
Tips for Massachusetts Claimants Navigating the Appeals Council Process
- Act Quickly: Don’t miss the 60-day deadline to request DAC review.
- Follow Instructions: Use the official forms and submit any new evidence properly.
- Keep Copies: Maintain copies of all documents and correspondence.
- Consider Legal Help: Appeals Council decisions can be complex; an attorney can improve your chances.
- Be Patient: The Appeals Council process can take months, but it is often faster than waiting for a new ALJ hearing.
Frequently Asked Questions
1. How long does the Appeals Council take to review a case in Massachusetts?
On average, the Appeals Council takes about 3 to 4 months to review a case after receiving your request. However, times can vary depending on workload.
2. Can I submit new medical evidence to the Appeals Council?
Yes, but the new evidence must be relevant to your disability claim and cover the time period before the ALJ’s decision. The evidence must also be new and material.
3. What if I miss the 60-day deadline to request review?
Missing the deadline usually means you lose the right to administrative review. You would then have to file a federal court appeal directly, which is more complicated and time-sensitive.
4. Does the Appeals Council hold hearings?
No. The Appeals Council reviews cases based on the record from the ALJ hearing and any new evidence you submit. It does not conduct new hearings.
5. What are my options if the Appeals Council denies my claim?
You can file a lawsuit in federal district court within 60 days of the denial. At this point, hiring a qualified Social Security disability attorney is strongly recommended.
Conclusion: Getting the Help You Need
Navigating the Disability Appeals Council process in Massachusetts can be confusing and overwhelming, especially when you’re dealing with a disability that affects your daily life. It’s important to understand your rights, deadlines, and options at this stage. The Appeals Council is your last chance for an administrative review before going to federal court.
If you feel overwhelmed or uncertain, I strongly encourage you to consult a disability attorney who understands the complexities of Massachusetts disability claims. A good attorney can help you prepare your request for review, submit new evidence properly, and guide you through each step — improving your chances of getting the benefits you deserve.
Written by Michael T. Hargrove, former SSA Claims Examiner and Disability Benefits Consultant.