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

    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

    The SSDRC Disability Blog

    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina

    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

    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?