The Office of Disability Adjudication and Review is Social Security's appeals body for people denied disability benefits

The Office of Disability Adjudication and Review (ODAR) is the part of Social Security that handles appeals when you are denied Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI). It is not where you first file for benefits — that happens at your local Social Security office or online. ODAR only enters the picture if Social Security's initial decision says no, and you decide to challenge it.

ODAR is a separate office within Social Security, staffed by administrative law judges (ALJs) who are not the same people who made the first decision. If you appeal, your case goes to an ALJ who reviews your medical records, work history, and any new evidence you submit. The ALJ can uphold the denial, reverse it, or send it back for reconsideration. This is the stage where most people who eventually win their case actually win it.

Key Takeaways

  • ODAR only handles appeals of denied disability claims, not initial applications.
  • You have 60 days from the date on your denial letter to file an appeal with ODAR, though you can request an extension if you have a reason.
  • An administrative law judge reviews your case, not the same person who denied you initially.
  • Most people who win disability appeals win at the ODAR stage, often because they submit new medical evidence or hire a representative.
  • The average wait time for a hearing before an ALJ varies by region but is typically between one and three years.

When your case reaches ODAR and what happens first

Your case arrives at ODAR only after you have received a denial and filed a written appeal. The appeal must be postmarked or submitted online within 60 days of the date on your denial letter — not 60 days from when you received it, but from the date printed on the letter itself. If you miss the 60-day window, you can still appeal, but you will need to explain in writing why you were late. Social Security may grant an extension if your reason is reasonable (illness, confusion about the deadline, mail delay).

Once ODAR receives your appeal, it assigns your case a number and sends you a notice. At this point, you can request a hearing before an administrative law judge, or you can ask for a decision based on the written record alone. Most people request a hearing, because it gives you a chance to present new evidence and speak directly to the judge. The hearing does not happen right away — ODAR's caseload is large, and wait times vary significantly by region and by how busy the local hearing office is.

How long you will wait for a hearing

The time between filing your appeal and sitting in front of an ALJ depends on where you live. Some hearing offices schedule hearings within six months; others take two or three years. ODAR publishes average wait times by office on its website, so you can look up your local office and get a realistic sense of the timeline. The office will send you a notice with your hearing date at least 20 days in advance, though in practice you usually receive it much earlier.

During the wait, you can submit additional medical records, test results, or letters from doctors that support your claim. You can also change your mind about how you want your case decided — for example, you can start with a written decision and later request a hearing instead. Tell ODAR in writing if you want to make any changes to your case.

What happens at your hearing before an ALJ

The hearing takes place either in person at a local ODAR office or by videoconference, depending on the office's setup and your circumstances. You sit across from the administrative law judge, who has your entire file in front of them. The judge will ask you questions about your medical conditions, your work history, and how your conditions affect your ability to work. You can bring documents, medical records, or witnesses — often a doctor or family member who can speak to your limitations.

You do not have to have a lawyer at the hearing, but many people do. A disability representative or attorney can present your case, cross-examine any vocational expert the judge calls, and argue why you meet the legal standard for disability. If you cannot afford a lawyer, you can look for a legal aid organization in your area, or you can represent yourself. The judge will explain the process and give you a chance to present your side.

What the judge decides and what comes next

After the hearing, the ALJ writes a decision. This can take weeks or months. The decision will say whether the judge agrees you are disabled, whether you are not disabled, or whether the case needs to go back to Social Security for more review. If the judge approves your claim, Social Security begins paying benefits. If the judge denies it, you have another 60 days to file a further appeal with the Appeals Council, which is the next level.

The Appeals Council reviews only whether the ALJ followed the law correctly — it does not hold another hearing or take new evidence (with rare exceptions). If the Appeals Council also denies you, you can then file a lawsuit in federal court, but that is expensive and most people do not pursue it. Many people who are denied at the ALJ stage do not appeal further.

How to represent yourself or find a representative

You can handle your ODAR appeal on your own, but the process is complex and most people who win have help. A disability representative or attorney can gather medical evidence, prepare you for the hearing, and argue your case to the judge. Social Security has a list of accredited representatives on its website — these are people trained to handle disability appeals and authorized to charge you a fee.

Representatives are paid only if you win, and only from your back pay (the money owed from the date you became disabled). The fee is capped at 25 percent of your back pay, or $7,200, whichever is less. If you cannot afford a representative, contact your local legal aid office or a disability advocacy organization in your state — many offer free or low-cost help with appeals.

What evidence matters most to the ALJ

The judge's decision rests on medical evidence — test results, imaging, doctor's notes, and specialist reports. If your initial application included only a brief note from your primary care doctor, submitting detailed records from a specialist (rheumatologist, neurologist, psychiatrist) can change the outcome. The judge also considers your age, education, and work history. Younger people with no work experience have a harder time winning than older people with a long work history, because the law assumes younger people can retrain for different work.

Statements from people who know you — family members, former employers, or friends — can help, but they carry less weight than medical records. The judge wants to see objective evidence: test results, imaging reports, medication lists, and how often you see doctors. If you have not seen a doctor in months, the judge may assume your condition is not as serious as you claim.

Frequently Asked Questions

What is the difference between ODAR and the Appeals Council?

ODAR is where an administrative law judge holds a hearing and makes the first appeal decision. The Appeals Council is the next step if you disagree with the ALJ's decision. The Appeals Council reviews whether the judge followed the law, but does not hold a new hearing or usually take new evidence.

Can I work while my ODAR appeal is pending?

Yes. Working does not hurt your appeal, though if you earn substantial income, Social Security may argue you are not disabled. If you win, your benefits start from the date you became disabled, not from when you filed the appeal. Any income you earned during the wait does not reduce your back pay.

What if I miss my hearing date?

Contact ODAR immediately and explain why. The judge may reschedule you, or may decide your case without you present based on the written record. Missing a hearing without notice can result in dismissal of your appeal, so call or write as soon as you know you cannot attend.

Do I need a lawyer to win at ODAR?

No, but statistics show people with representation win more often than people without it. A representative helps gather medical evidence, prepare you for questions, and present your case persuasively. Many representatives work on contingency and charge only if you win.

How do I find the average wait time for my local ODAR office?

ODAR publishes wait times by hearing office on the Social Security website. Search for "ODAR hearing office wait times" and select your state and office. Wait times change as caseloads shift, so check back periodically if you are waiting for a hearing date.