If you get denied at a disability hearing, can you win later?

If you get denied at a disability hearing, can you win later?

Subject: Winning disability after you were previously denied at a hearing.

Question: "Does a person who gets denied after the first hearing, stand ANY chance of eventually getting it?"

Yes. If a person gets denied at a hearing, they can pursue the claim to the appeals council. If the AC denies it, an appeal can be filed in federal district court.

However, another option after a a denial at a hearing is to start over with a new disability application. And, yes, there are individuals who end up winning on a new claim.

What's the best option if an ALJ (administrative law judge at a disability hearing) has denied you? It depends on whether it seems preferable to begin with a new disability claim, or whether it seems better to send an appeal to the appeals council in the hopes that the AC will either approve the claim, or find something in the decision of the judge who ruled previously that warrants the case being remanded.

When a case is remanded, it is sent back for another hearing. Unfortunately, this may mean going back to the same judge who issued the prior denial of disability.

Typically, the issue of what to do is best left to the consultation provided by the person who represented the case at the hearing, either a disability lawyer or a non-attorney disability representative. Either type of representative can provide proper representation. And many non-attorneys are former disability examiners or other individuals who worked for the Social Security Administration.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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