Social Security Disability Resource Center

Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions

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.

  • 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

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Medical exams for disability claims

    Applying for Disability in various states

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers

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

    Social Security and SSI based on Mental Disability

    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

    Info about Social Security Disability Approvals and Being Approved

    FAQ on Social Security Disability SSI decisions

    The SSD SSI Decision Process and what gets taken into consideration

    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

    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?