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

The Office of Disability Adjudication and Review (ODAR) is the part of Social Security that handles appeals when your initial disability claim is denied. It is not where you file your first claim — that happens at your local Social Security office or online. ODAR only enters the picture if you disagree with a denial and choose to appeal.

ODAR is separate from the initial claims process. When you file for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) based on disability, a Social Security examiner reviews your medical records and decides whether you meet the criteria. If that examiner says no, you can ask ODAR to review the decision. ODAR employs administrative law judges (ALJs) who hold hearings and make new decisions on your case.

Understanding when and how ODAR gets involved matters because the appeals process has strict important date, specific steps you must follow in order, and different rules depending on whether you are appealing a denial or a cessation (a decision that you are no longer disabled).

Key Takeaways

  • ODAR handles appeals of denied disability claims through a multi-step process that begins with a reconsideration request and may end in a hearing before an administrative law judge.
  • You have 60 days from the date on the denial letter to request reconsideration, which is your first appeal step and must be done before ODAR can review your case.
  • If reconsideration is also denied, you can request a hearing before an ODAR judge, which is where most people present new medical evidence and testimony.
  • ODAR hearings typically take several months to schedule, and you can bring a representative (attorney or non-attorney advocate) to speak on your behalf.
  • The appeals process is free, though you may hire a lawyer who takes a percentage of your back pay if you win.

The four stages of appealing a disability denial

Social Security disability appeals follow a set order. You cannot skip steps or file multiple requests at the same time. Each stage has its own important date and its own decision-maker.

The first stage is reconsideration. After your initial claim is denied, you have 60 days from the date on the denial letter to request that Social Security look at your case again. A different examiner reviews your file, usually considering the same medical records plus anything new you submit. Most reconsideration requests are also denied. You request reconsideration by completing Form SSA-561 (Request for Reconsideration) and mailing it to the address on your denial letter, or by visiting your local Social Security office in person.

The second stage is the ODAR hearing. If reconsideration is denied, you have another 60 days to request a hearing before an administrative law judge. This is where ODAR enters your case. You file Form HA-501 (Request for Hearing by Administrative Law Judge) and send it to the ODAR office listed on your reconsideration denial letter. At this stage, you can present new medical evidence, call witnesses, and testify about how your condition affects your daily life and ability to work. Most people win or lose at the hearing stage.

The third stage is the Appeals Council review. If the judge denies your claim, you can ask the Social Security Appeals Council to review the decision. You have 60 days to file. The Appeals Council decides whether the judge made an error of law or whether new evidence changes the outcome. They do not hold a new hearing; they review the written record.

The fourth stage is federal court. If the Appeals Council denies you or refuses to review the case, you can file a lawsuit in federal district court. This requires a lawyer and is rare; most people do not pursue it.

What happens at an ODAR hearing

An ODAR hearing is a formal proceeding, but it is smaller and less intimidating than a courtroom trial. You sit across from an administrative law judge, usually with a court reporter present. The judge has your entire file — your medical records, your work history, your initial process, and any new evidence you submitted.

The judge will ask you questions about your medical condition, your symptoms, how they affect your daily activities, and why you cannot work. You may bring a representative — an attorney or a non-attorney advocate — who can speak on your behalf and ask you questions to help the judge understand your case. The judge may also call a vocational informed, who testifies about whether jobs exist that you could do given your age, education, and work history.

Hearings usually last 30 minutes to two hours. You do not need to prove your case beyond a shadow of a doubt; Social Security must find that your condition meets the medical criteria in their rules, or that you cannot do any work you have done in the past 15 years and cannot adjust to other work. The judge issues a written decision, usually within a few weeks to a few months after the hearing.

ODAR hearings are scheduled months in advance. Waiting times vary by region; some offices have waits of six months or longer. You can request a telephone or video hearing instead of appearing in person, which may be scheduled sooner.

How to request an ODAR hearing and what to submit

To request a hearing, you must file Form HA-501 within 60 days of your reconsideration denial. You can file by mail, in person at your local Social Security office, or online through your my Social Security account if you have one set up. Mail the form to the ODAR office address listed on your reconsideration denial letter — do not send it to your local office.

When you request the hearing, you can also submit new medical evidence. This is your chance to include recent doctor's notes, test results, mental health records, or statements from your doctors that you did not have when you filed initially. New evidence is often the reason people win on appeal. If your condition has worsened or you have received new diagnoses since your initial claim, submit those records.

You can also submit a written statement explaining how your condition affects your work and daily life. This statement, called a Function Report or a personal narrative, helps the judge understand your situation in your own words. Some judges find this more persuasive than medical records alone.

If you hire a representative, they will usually handle filing the form and organizing your evidence. If you represent yourself, keep copies of everything you send and note the date you mailed it. Social Security's mail can be slow; consider using certified mail with return receipt so you have proof of delivery.

Hiring a representative for your ODAR case

You can represent yourself at an ODAR hearing, but many people hire help. Your representative can be a lawyer or a non-lawyer advocate (such as a social worker or disability advocate). They can attend the hearing with you, question you and other witnesses, and argue your case to the judge.

If you hire a lawyer, they typically charge a contingency fee: they take a percentage of your back pay (the money Social Security owes you from the date you became disabled to the date you are approved) if you win. The fee is capped by law at 25 percent of back pay, with a maximum of $7,200 (this cap may change; check the current limit). You pay nothing upfront and nothing if you lose.

Non-lawyer representatives may charge a flat fee or an hourly rate, or they may work for a non-profit and charge little or nothing. Ask about fees before you hire anyone. You can also find free or low-cost representation through your state's Protection and Advocacy for Beneficiaries of Social Security (PABSS) program or through legal aid organizations in your area.

Your representative must be approved by Social Security. They file Form SSA-1696 (Appointment of Representative) with ODAR. Once approved, they can receive your mail, attend your hearing, and speak for you.

Common reasons ODAR denies claims and how to strengthen your appeal

ODAR judges deny claims most often because the medical evidence does not show that your condition is severe enough to prevent all work, or because the evidence is too old or too sparse. If your initial claim was denied, the same issue likely caused the denial. To win on appeal, you need to address that specific reason.

If the denial letter said your condition is not severe, submit recent medical records showing active treatment, ongoing symptoms, or test results. If it said you can still do your past work, submit a doctor's statement saying you cannot. If it said there is no medical evidence, submit records from every doctor or therapist you have seen since you became disabled.

Judges also look at whether you have followed medical treatment. If you have not seen a doctor in months, that works against you. If you have, that helps. If your condition is mental health-related, ongoing therapy or psychiatric care strengthens your case. If it is physical, imaging, lab work, or specialist evaluations matter.

The strongest appeals include recent medical evidence (within the past few months), a clear statement from your doctor about your functional limitations, and your own testimony about how your condition affects your daily life. Vague or old evidence rarely wins.

Timelines and what to expect while your appeal is pending

The entire appeals process can take one to three years from initial denial to a final decision, depending on how many stages you go through and how busy your local ODAR office is. Reconsideration usually takes two to four months. The wait for a hearing can be six months to over a year in some regions. The judge's decision usually comes within a few weeks to a few months after your hearing.

While your appeal is pending, your benefits do not restart automatically. You remain denied unless and until a judge approves you. However, if you eventually win, you receive back pay covering the period from when you became disabled (or when you filed, whichever is later) to the date you are approved.

You can check the status of your appeal by calling ODAR directly or by logging into your my Social Security account. ODAR's phone lines are often busy; expect long wait times. Sending a written inquiry to your ODAR office may be faster.

Frequently Asked Questions

What is the difference between ODAR and my local Social Security office?

Your local Social Security office handles initial claims and ongoing benefits. ODAR only handles appeals of denied disability claims. Once ODAR approves you, your case goes back to your local office for ongoing payment and case management.

Can I work while my ODAR appeal is pending?

Yes. Working does not hurt your appeal. However, if you earn more than the monthly limit (called substantial gainful activity), Social Security may use that as evidence that you can work. Keep your earnings modest if you are appealing, and tell your representative about any work you do.

What if I miss the 60-day important date to request reconsideration or a hearing?

You can still file late if you have "good cause" — a reason Social Security accepts for the delay, such as illness, confusion about the important date, or mail problems. You must explain the reason in writing. Social Security decides whether to accept your late request. Do not rely on this; file within 60 days if you can.

Do I have to appear in person at my ODAR hearing?

No. You can request a telephone or video hearing instead. Video hearings are becoming more common and may have shorter wait times. Request your preferred format when you file Form HA-501.

What happens if the ODAR judge approves me?

The judge issues a written decision. Social Security processes the approval, calculates your back pay, and begins sending you monthly benefits. If you hired a representative, they receive their fee from your back pay. You should receive your first payment within a few weeks to a few months.