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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.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



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    FAQ on Disability Claim Representation

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    Selecting and hiring Disability Lawyers




    Various Types of Benefits including SSI, Mental, and Child benefits

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    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

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    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer




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

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