Level 1: Reconsideration

This is the first step after an initial denial. You must request reconsideration within 60 days of receiving the decision. During this step, a new examiner—who was not involved in the original decision—reviews your file.

• No hearing is held.
• You can submit additional evidence to support your case.
• Most reconsideration decisions take 2 to 4 months.

Level 2: Administrative Law Judge (ALJ) Hearing

If your reconsideration is also denied, you can request a hearing before an Administrative Law Judge.

• Hearings are typically held at the local SSA hearing office or by video.
• You, your attorney, and any expert witnesses may testify.
• The ALJ will consider your full medical record and your testimony.

The wait time for a hearing in Rhode Island can vary, often ranging from 6 months to over a year depending on caseload.

Level 3: Appeals Council Review

If the ALJ denies your claim, the next level is the Appeals Council. You must file this appeal within 60 days of the ALJ’s decision.

• The Council reviews your case to determine if the ALJ made a legal or procedural error.
• They can affirm, reverse, or remand (send back) the decision for another hearing.
• Processing times vary but may take 6 months or longer.
  

Level 4: Federal District Court

If the Appeals Council denies your request or upholds the ALJ's denial, the final step is to file a lawsuit in Federal District Court.

• This is a formal legal proceeding and requires an experienced disability attorney.
• The judge reviews whether the SSA followed the law and regulations.
• It may take a year or more to receive a ruling.