Initial Denial: What Happens Next

Most applicants in Arkansas receive a denial at the initial application stage. If this happens, you must file a request for reconsideration within 60 days of receiving your denial notice.

• Timeframe: It typically takes 2 to 4 months to receive a decision after filing for reconsideration.

Stage 1: Reconsideration

This is the first level of appeal, where a new examiner at Arkansas Disability Determination Services (DDS) reviews your case.

• What to expect: No hearing is held, but additional medical evidence can be submitted.
• Average wait time: 60 to 120 days for a decision.

If you’re denied again, you can move to the next level.

Stage 2: Hearing Before an Administrative Law Judge (ALJ)

If reconsideration fails, you can request a hearing before an ALJ.

• Deadline: You must request a hearing within 60 days of your reconsideration denial.
• Wait time: This is often the longest part of the appeal process. In Arkansas, the wait time for a hearing date is typically 8 to 14 months, depending on the backlog at your local hearing office.

During the hearing, you'll present your case directly to a judge and may be asked questions about your condition, work history, and daily activities.

Stage 3: Appeals Council Review

If the ALJ denies your claim, you can ask the Appeals Council to review the decision.

• Timeline: The Appeals Council can take 6 months to over a year to issue a decision.
• They may:
• Deny the request
• Send your case back to the ALJ for another hearing
• Approve your claim directly (though this is rare)

Stage 4: Federal District Court

The final level of appeal is filing a lawsuit in federal court. This step is rare but available if all prior appeals are denied.

• Timeline: A federal case may take 12 to 24 months or longer, depending on the court’s caseload.

Tips for Managing the Appeal Timeline

• Stay organized: Keep copies of all documents and appeal filings.
• Respond promptly: Never miss deadlines. The SSA only gives you 60 days at each appeal level.
• Gather new evidence: Any updates in your medical condition should be submitted as early as possible.
• Consider representation: Many appeals are denied because of technicalities or lack of strong evidence. Having a legal expert can increase your chances of success.