What the Office of Adjudication and Review does

The Office of Adjudication and Review (OAR) is the part of Social Security that handles appeals when you disagree with a decision on your claim. It does not make the first decision on your case — that happens at the local Social Security office or through the initial review process. OAR steps in only after you have asked for reconsideration and been denied again, or in some cases after you request a hearing.

OAR employs Administrative Law Judges (ALJs) who hold hearings and make decisions on appealed cases. These judges work independently from the Social Security office that made the original decision. If you disagree with an ALJ's ruling, you can appeal further to the Appeals Council, which is also part of OAR and reviews cases for legal errors or new evidence.

The office handles appeals for all types of Social Security decisions: Disability Insurance (SSDI), Supplemental Security Income (SSI), Medicare coverage questions tied to Social Security, and some retirement and survivor benefit disputes. The process is free — you do not pay OAR to hear your case, though you may hire a representative to help you.

Key Takeaways

  • OAR only reviews your case if you have already asked for reconsideration at the local office and been denied, or if you request a hearing directly.
  • An Administrative Law Judge holds a hearing where you can present evidence and testify, and the judge makes a new decision on your case.
  • If you disagree with the judge's decision, the Appeals Council can review it for legal errors or consider new evidence you submit.
  • You can represent yourself at a hearing, but many people hire a lawyer or non-lawyer representative who knows Social Security law.
  • The hearing process typically takes several months from the time you request it until you receive a decision.

The appeal steps before OAR gets your case

Social Security has a specific order for appeals. You cannot go straight to OAR — you must follow the steps in sequence, and OAR only enters the picture at step three or four.

Step one is reconsideration. After Social Security denies your initial claim, you have 60 days to ask for reconsideration. A different person at the local office reviews your file and the original decision. Most reconsideration requests are also denied. You must request reconsideration in writing, either online through your Social Security account, by phone, or in person at your local office.

Step two is requesting a hearing before an ALJ. If reconsideration is denied, you have another 60 days to request a hearing. This is when OAR becomes involved — the case moves from your local office to an OAR hearing office. You can also skip reconsideration and go straight to requesting a hearing, though this is unusual and Social Security will ask you to confirm you want to do this.

The 60-day windows matter. If you miss the deadline, you lose your right to appeal unless you can show Social Security that you had good reason for the delay — for example, you were hospitalized or did not receive the notice. Social Security will ask you to explain in writing why you missed the deadline.

What happens at an OAR hearing

An Administrative Law Judge schedules your hearing, usually several months after you request it. The hearing can take place in person at an OAR office, by video, or by phone, depending on what is available in your area and what you request. You will receive a notice in the mail with the date, time, and location.

At the hearing, you can present evidence — medical records, work history, statements from doctors or employers — and testify about your situation. The judge will ask you questions. Social Security will also present its case, usually through a representative called a Social Security representative or disability hearing officer who works for the agency. You can bring witnesses to testify on your behalf, such as a doctor or family member who knows your condition.

You do not have to hire a lawyer to attend a hearing, but many people do. A lawyer or non-lawyer representative (called a representative payee advocate or Social Security representative in some contexts, though the formal title is often "representative") can speak for you, cross-examine Social Security's witnesses, and present arguments about the law. If you hire someone, they must be authorized by Social Security — you can check this on the Social Security website or ask OAR directly.

The judge takes time to review everything after the hearing and issues a written decision, usually within a few weeks to a few months. The decision explains why the judge ruled the way they did and cites the law and evidence they relied on.

Appealing an ALJ decision to the Appeals Council

If the ALJ denies your case, you have 60 days to request that the Appeals Council review the decision. The Appeals Council is a group of judges within OAR who look at ALJ decisions to check for legal mistakes or to consider new evidence that was not available at the hearing.

The Appeals Council does not hold another hearing. Instead, it reviews the written record — the ALJ's decision, the evidence presented, and any new documents you submit. You can send new medical records, test results, or other evidence to the Appeals Council if you believe it changes the outcome. You must explain in writing why the new evidence is important and why it was not available before the hearing.

The Appeals Council can uphold the ALJ's decision, reverse it, or send the case back to the ALJ for another hearing. If the Appeals Council denies your case or upholds the ALJ's denial, you can then file a lawsuit in federal court, though this is a separate process outside of Social Security.

How long the OAR process takes

Timing varies widely depending on how busy the OAR office in your region is and how complex your case is. From the time you request a hearing to the time the ALJ issues a decision, you can expect anywhere from four to eighteen months, though some cases move faster and others take longer.

The Appeals Council process is usually faster — often two to six months — because there is no hearing. However, if the Appeals Council sends your case back to the ALJ, the timeline starts over.

You can check the status of your case by contacting the OAR hearing office that has your file. The notice you receive when your hearing is scheduled will include the office's phone number and case number. You can also ask your representative, if you have one, to check on the status.

Representing yourself versus hiring help

You have the right to represent yourself at an OAR hearing. Many people do, especially if their case is straightforward. However, Social Security law is complex, and judges often see cases where the person could have won with better legal arguments or evidence.

If you hire a representative, they charge a fee only if you win — typically 25 percent of your back pay, up to a maximum of $6,000 (this cap is set by law and applies to lawyers and non-lawyers alike). The representative must be authorized by Social Security. You can find authorized representatives through the National Organization of Social Security Claimants' Representatives (NOSSCR) or by asking OAR for a list of representatives in your area.

Some people use free help instead. Legal aid organizations in your state may represent you for free if you meet income limits. You can find legal aid through the Legal Services Corporation website or by searching "[your state] legal aid".

What to do if you disagree with an OAR decision

If the Appeals Council denies your case or upholds an ALJ's denial, your next option is to file a lawsuit in federal court. This is a separate process from Social Security and requires filing in the U.S. District Court in your area. You have 60 days from the date of the Appeals Council's decision to file.

Federal court cases are expensive and time-consuming, and you will almost certainly need a lawyer. However, if you believe Social Security made a legal error, federal court is where that error can be corrected. A lawyer can tell you whether your case has a reasonable chance of success in court.

If you do not pursue a federal court case, the Appeals Council's decision is final, and Social Security will not reconsider your claim unless you have new and material evidence that was not available before.

Frequently Asked Questions

Can I request a hearing without first asking for reconsideration?

Yes. You can skip reconsideration and go straight to requesting a hearing before an ALJ. Social Security will ask you to confirm this choice in writing, but you have the right to make it. Skipping reconsideration saves time — you move directly to OAR instead of waiting for a second denial at the local office.

What if I miss the 60-day deadline to appeal?

You can still appeal if you can show Social Security good cause for missing the deadline — for example, you were seriously ill, did not receive the notice, or had a family emergency. You must explain this in writing and submit it as soon as possible. Social Security will decide whether your reason is good enough to reopen the case.

Can I bring a doctor to testify at my hearing?

Yes, you can bring any witness who has knowledge of your condition or work history. However, many doctors charge a fee to attend a hearing, and OAR cannot pay them. Some judges will allow a doctor to testify by phone if they cannot attend in person. Ask the OAR office handling your case whether this is possible.

What happens if I win at the hearing?

If the ALJ approves your claim, Social Security will begin paying you benefits. You will also receive back pay — the amount you would have been paid from the date you originally filed your claim. The back pay is usually paid in a lump sum, though Social Security can arrange to pay it over time if the amount is very large.

Do I have to pay OAR to hear my case?

No. There is no fee to request a hearing or to have OAR review your case. If you hire a representative, they charge a fee only if you win, and that fee comes from your back pay, not from you directly.