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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

Is it worth appealing a Social Security Disability denial by an Administrative Law Judge?



 
My own opinion is that if the individual who provided representation at your disability hearing is of the opinion that such an appeal has merit, by all means request a review of the administrative law judge decision (ALJ's make the disability decision at the hearing level).

My own observation, of course, is that very few cases are approved at the level of the appeals council (the body that reviews judge's hearing decisions). A case that has been submitted to the appeals council has the potential of overturning a denial issued by a judge. However, typically, the response a claimant and his disability representative will get back is "request for review denied". Meaning, in essence, another denial, at which point a claimant will need to consider whether or not they wish to pursue the claim to the next level, federal district court. The best case scenario that a claimant and his disability attorney can hope for, in most instances, is for a remand.

What is a remand? A remand is a second disability hearing and it occurs when the appeals council finds some deficiency or fault with the decision issued by the administrative law judge at the disability hearing. Remands are great in the sense that the claimant will get a second chance to have their case heard at the hearing level. They're not so great when one considers the fact that a remand hearing will be held by the same disability judge who denied the case in the first place. Human nature being what it is, some judges may not feel as though their initial decision was wrong, no matter what the reason for the remand is.

Should you appeal a denial by an ALJ at a hearing? If your disability representative (attorney or non-attorney) believes so, yes. However, even though the favorable odds from such an appeal are somewhat slim, nicely enough a claimant can still file a new disability application while their appeals council appeal is pending (cases sent to the appeals council can take a very very long time). In fact, your representative may advise you to file a new claim while you wait on the appeals council.








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

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Getting disability for fibromyalgia

SSI disability for children with ADHD

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Common Mistakes to avoid after being denied for Disability

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Social Security Disability SSI definitions

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Who can help me file for disability?




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These pages provide answers to basic questions about pursuing disability benefits

What mental problems qualify for disability?
SSI disability status
How to prove you qualify for disability
Qualifying for disability eligibility requirements
How Does Social Security Decide If You Are Disabled
How much does disability pay?
Factors involved in Winning SSDI or SSI Claims
Applying for disability with Degenerative Disc Disease
How long to get a Social Security decision letter?
What Does Social Security Consider To Be a Disability?
The amount of back pay that you receive
Social Security medical disability determination process
If You Get Approved For SSDI Will You Also Get Medicare?
How long can you receive SSI or Social Security Disability benefits?
How Long Does A Social Security Disability Appeal Take?
How Long Does It Take To Get Disability Benefits When You First File?
Can you work if you get SSI disability?
Social Security Disability attorney fees
Am I eligible to receive disability benefits?
What are the non medical requirements for disability
How to get SSI
Approved for disability benefits
SSD SSI disability hearing 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.