SSDRC




What is the Application Process for Social Security Disability and SSI?

How do you Win Benefits under Social Security Disability or SSI?

If I am determined disabled, how far back will Social Security pay benefits?

How do you prove your disability case if you have a mental condition?

What Can I Do to Improve My Chances of Winning Disability Benefits

Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits

How to File for Disability - Tips for Filing

If You Get Approved For SSDI Will You Also Get Medicare?

How much does a Social Security disability attorney get paid?

Social Security Disability SSI Criteria and the Evaluation Process

How long does it take to be approved for SSI or Social Security disability?

What do you Need to Prove to Qualify for Disability Benefits?

Social Security Disability SSI and Fibromyalgia

Social Security Disability SSI and Degenerative Disc Disease

Can I Qualify For Disability and Receive Benefits based on Depression?

Answers to questions about SSD and SSI disability

What Disabilities Qualify for SSI and Social Security Disability Benefits?

Social Security Disability Status

Social Security Disability Tips — how a claim gets worked on

Social Security Disability, SSI Disability - Terms, Definitions, Concepts


Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?


How to prove you are disabled
and win disability benefits

 
As with all decisions made by the Social Security Administration, an administrative law judge’s decision can be appealed. An administrative law judge decision, made at a social security hearing, can be appealed to the Appeals Council by filing an "Appeals Council review request".

Generally, you must request the review of the judge's decision within sixty days of the social security hearing decision. But Social Security assumes that you received your hearing denial notice within five days of the notice being mailed and this is why you actually have sixty-five days in which to get the hearing submitted (remember, though, that the appeal must be at the Appeals Council within that time frame). If you do not file your request for review in a timely fashion, an administrative law judge can dismiss the request unless you can provide a sound reason for the judge to give you "good cause" for your late filing.

Once your request makes its way to the Appeals Council, it will be evaluated to see if the council feels the administrative law judge or ALJ made a correct decision. If they feel that the decision is correct, your request for review may be denied. If the Appeals Council decides to review your disability case, it can make a medical decision itself. Or, it can remand your disability case back to the Administrative Law Judge for further review--translation: your case would have a second hearing with the same judge who denied you before.

The Appeal Council considers all aspects of your disability claim when making its decision. Very few disability claims receive a favorable decision from the Appeals Council itself. As was stated, those cases that are remanded are reviewed by the same Administrative Law Judge who denied your disability.

As you might imagine, appeals that are sent to the appeals council result in very few decisional changes. However, it is always worth appealing an Administrative Law Judge decision on the off chance that your disability claim will be approved either at the Appeals Council or by the Administrative Law Judge at a second hearing.

Social Security realizes that very few disability claims will be approved at the Appeals Council, so it allows disabled individuals the option to file a new initial disability claim while awaiting the Appeals Council review decision.

Is the appeals council the end of the line in the social security appeal system? No, even the Appeals Council decision can be appealed, but that appeal would have be made in Federal District Court. Most individuals do no choose to purse their disability claim into Federal District Court because of the cost of legal representation. Generally, it is easier and more cost effective to just file a new initial disability claim, i.e. a new disability application.














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Individual Questions and Answers


  • Will You Get Social Security Disability Benefits If You Cannot Work Your Old Job?

  • What Happens During A Social Security Disability Interview?

  • Can you File for Disability for more than one Condition?

  • Medical Disability- How does Social Security view your work and medical records

  • How long does it take to get an answer on a Social Security Reconsideration Appeal?

  • Applying for disability benefits in New York

  • What does social security mean by past work?

  • Social Security Administration Physical Consultative Exam (CE)

  • How does Social Security Disability get Information about your past work?

  • What do you do if your Social Security Disability or SSI Claim is denied?

  • What does social security mean by other work?

  • What Does It Mean If you Are Denied For Disability Because Of Other Work?

  • Am I Eligible For Social Security Disability?

  • What happens after I file my disability claim?

  • How long does it take to get an SSI decision ?

  • What is the process for approving a Social Security disability claim ?

  • How Does A Social Security Disability Examiner Work to Determine a Person’s State of Health?

  • Can my Social Security Disability or SSI benefits be stopped or cutoff ?

  • How much does a Social Security disability attorney get paid ?

  • Is there a trick to qualifying for disability benefits with social security?

  • Can You Lose Your Social Security Disability Benefits When Your Case Is Reviewed?

  • Can you be approved for disability without having to go to a hearing ?

  • Are you allowed to work at all if you get Social Security disability or SSI ?

  • Degenerative Disc Disease, Social Security Disability, and Applying for Benefits

  • Who handles my case if I apply for Social Security disability ?

  • How Much Income Can A Person Earn If He Draws Social Security Disability?

  • What Is the Five Step Sequential Evaluation Process Social Security Uses In Every Disability Case?

  • What are the chances of winning disability benefits through an appeal?

  • Hiring a Qualified Disability Lawyer in New York

  • How will Social Security find you disabled?

  • Social Security Disability--Permanent Disability

  • Do Most People Have To Go To A Disability Hearing order to Get Approved For Disability?

  • How do you apply for disability for your children ?

  • Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?

  • What kind of Mental Problems Qualify for Disability?

  • Applying for disability benefits in Alabama

  • The Social Security Disability Hearing Office

  • Social Security Disability Application Online
























    SSD and SSI are Federal Programs

    The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

    Recent approval and denial statistics for various states can be viewed here:

    Social Security Disability, SSI Approval and Denial Statistics by state

    Special Section: Disability Lawyers and unnecessary claim denials