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

What to do if denied by an ALJ at a disability hearing Hearing

If your disability hearing results in a denial, you have a choice to make. You can file an “Appeals Council Review” appeal to request a review of the ALJ’s decision. In rare instances, the Appeals Council will overturn an ALJ disability decision; however they are more likely to remand your disability claim back to the judge for a review of their decision if they feel there is an error.

If the ALJ finds they did make an error, they can reverse their hearing decision.

The other choice you have is to file a new disability claim and begin the disability process again. This choice is more difficult if you are past your “date last insured” meaning that you would not have another opportunity for Social Security if the judge’s decision is not overturned.

If you are past your DLI, or date last insured, your only choice is to appeal to the Appeals Council, and if this results in a denial you can take your disability claim to federal court.

Most disability applicants do not take their claim to federal court because it can be costly. You would have to discuss the possibilities with your attorney. If your representative is a non-attorney Social Security representative, you will have to get an attorney to take it to federal court.

If you are still insured for disability, you can choose to file an Appeals Council review and wait for a decision, or file a new disability claim.

Some individuals file the appeal to protect their potential back payment, while others do not want to wait more time for an appeal that is likely to result in a dismissal or denial. If it does get dismissed or denied you are back to square one; meaning you have to file a new disability claim.

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:

Can you still Appeal if the Judge denies your Disability Claim?
Social Security Disability, SSI Decisions – What Is the Rate of Approval?
Social Security Attorneys and Disability Representatives
Getting a Social Security Disability Attorney
If you apply for disability in Alabama
Will I qualify for disability Alabama
Choosing a Disability Attorney

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

Do CE exams usually result in denials for disability?
Can I qualify for disability if I am working?
How to get disability, tip 1
Do CE exams usually result in denials for disability?
How long does it take to get approved for disability?
When to Appeal a Disability Denial
When does Social Security send you for a neurological exam?
Chances of winning Social Security Disability
Who can get SSI disability?
Can you get disability the first time you apply?
What is considered to be a disability for SSDI or SSI?
What determines your disability benefit amount?
How long does it take a disability judge to make a decision?

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.