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

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

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.

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

Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

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

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?

New and featured pages on SSDRC.com

Who can help me file for disability?

Related pages:

How long do disability benefits last?
Can you file for both SSI and SSD disability benefits?
A medical or non-medical denial for disability
What Are The Odds of Winning A Social Security Disability Appeal?
How does the Social Security Disability Appeal Process work?
Can You Appeal A Decision By A Judge On A Social Security Disability or SSI Case?
If You Get Denied For Disability Should You appeal Or file A New Claim?
If you appeal a Social Security Disability denial, how long does it take to receive a decision?
How long does it take to appeal a disability case?
Your Chances With SSDI Disability or SSI On the First Appeal, The Reconsideration
Social Security Disability Appeal Deadlines Are Always 60 Days
Doing the SSDI Appeal Online
What is the process to file a Social Security Disability appeal?
What is the Social Security Appeals Time Limit
What If you intended an appeal of your Social Security Disability claim but missed the deadline?
What Happens If You File A Late Social Security Appeal? (What is Good Cause?)
What Are the Chances of Winning an SSA Disability Appeal?

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.