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.
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
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
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
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
The SSDRC Disability Blog
For Individuals living in North Carolina
Disability in North Carolina
North Carolina Disability Lawyer
Getting disability in North Carolina
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
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | 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 | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Tips for Getting Disability Benefits
Do CE exams usually result in denials for disability?
Can you get disability for arthritis of the knee?
Can I qualify for disability if I am working?
What is the Role of a Social Security Disability Attorney?
How to get disability, tip 1
Can you get approved for disability based on Ulcerative Colitis?
Do CE exams usually result in denials for disability?
How long does it take to get approved for disability?
Can it take years to get disability?
When to Appeal a Disability Denial
Can you get temporary Social Security Disability or SSI for an injury?
When does Social Security send you for a neurological exam?
Conditions that get approved for disability
Social Security Disability Exam tips
Chances of winning Social Security Disability
Can you appeal a disability back pay decision?
Who can get SSI disability?
Can medications qualify you for disability?
Can you get disability the first time you apply?
Getting disability if you work
What is considered to be a disability for SSDI or SSI?
What determines your disability benefit amount?
Filling out disability appeal paperwork
How long does it take a disability judge to make a decision?
If you win disability, when do benefits start?