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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



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Social Security Disability SSI Questions

The listings, list of disabling impairments

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Disability Lawyers prevent unnecessary denials

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Filing a Social Security Disability SSI application

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Related pages:

Filing a second application for disability

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How long after my consultative appointments will I get a decision on my disability claim?

Can I get married and still get my Social Security Disability?

How many people die while waiting for disability benefits?

Does SSA go by onset date or application date for back pay?

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

Can you work while filing for disability?

Can medications qualify you for disability?

Will Social Security respond to a dire need letter?

Denied disability because of work credits

Can you still get SSI if you are denied SSDI?







These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.