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What if you receive a Denial at a Disability Hearing in Missouri?

I have a friend who was recently in the position of potentially receiving a denial following a disability hearing. I say "potentially" because, even for the most solid cases, there is simply no way to know what a judge's decision will be until the notice of decision arrives in the mail (though, sometimes a judge will indicate at a hearing if he or she plans to approve the case and award disability benefits).

My friend had worked in state and local government for over thirty years and had become disabled (as so many claimants do) as a result of a multitude of health problems, including diabetes, degenerative disc disease, fibromyalgia, severe arthritis in multiple joints, and a couple of other conditions I can't recall.

Following her hearing, her disability lawyer (a very good one who I would easily recommend, due to the fine quality of her representation---she is widely known and respected in the Raleigh, NC area) told her "it looks good". My friend responded by asking "So, you think we'll win?". The lawyer answered "There's no guarantee. But I think we have a good chance".

My friend was stymied a bit by this answer. She thought to herself, "if that's the best my attorney can tell me, maybe even she doesn't believe we'll win".

On hearing this from my long-time friend, I said "No, it doesn't mean that your attorney is doubtful about your chances. But she knows, from her experience in handling cases, that sometimes, even with the best cases and the most favorable judges, the outcome of an SSD hearing can be a crapshoot".

So, my friend asked, "What if I get a denial from my disability hearing?". I told her that there are several options.

1. A claimant could decide to give up (usually not a good decision).

2. In some cases, a claimant will be advised to begin a new claim. That is, start a new disability application.

3. In other cases, going forward will mean filing an appeal in Missouri of the denial issued by an administrative law judge (a request for review). This involves an appeal being filed with the appeals council.

If your case is denied by a judge, can you file an appeal with the appeals council and file a new application for disability?

In the past, the answer was "Yes you can", and the both the application and appeal would be worked on independently. Note: this is no longer the case.

Why would a person do this? To hedge their bets in the event that the appeal from the appeals council will not be returned favorably(meaning that the request for review will be denied and that the appeals council will neither overturn the judge's decision, nor find reason to remand the case, i.e. send it back to the same judge for a second hearing).

Return to:  Social Security Disability Resource Center, or read answers to Questions

Filing for disability in Missouri

Applying for disability in Missouri

Whether or not to file for Social Security Disability in Missouri

File for disability in Missouri and prepare to wait

Qualifying, will I qualify for disability in Missouri?

Getting a Disability Lawyer in Missouri

Disability criteria, qualifying and qualifications in Missouri

What is a disability in Missouri?

Criteria for Social Security Disability and SSI in Missouri

What is a Qualifying Disability in Missouri for Social Security?

How to qualify in Missouri

Qualifying for disability in Missouri

How do you qualify for SS disability in Missouri?

Missouri disability qualifications, will I qualify?

General questions about disability in Missouri

Can you get a quick disability approval in Missouri?

Contacting Social Security for a Disability Claim in Missouri

Work credits and a Missouri Social Security Disability Award

Filing, applying for Disability in Missouri with Depression

Online disability appeal in Missouri

Review of my SSDI or SSI Case in Missouri

Missouri disability benefits

Social Security Disability Income in Missouri

How much will I receive if I am approved for disability in Missouri?

Disability benefits for children in Missouri

If you get approved for SSD in Missouri, do your kids get SSI?

SSD and Medicare Benefits in Missouri

Approved for disability and medicare in Missouri

Disability hearings in Missouri

Social Security Disability Hearings in Missouri

How do you file for a disability hearing in Missouri?

Will I get approved by a disability judge in Missouri?

How long for an ALJ disability hearing decision in Missouri?

Lawyer for a disability hearing in Missouri

How many are Approved at a Social Security Disability Hearing in Missouri?

Request for a Social Security Disability Hearing in Missouri

Disability denials in Missouri

What to do if a disability application is denied in Missouri

Why is disability denied in Missouri?

What if you receive a Denial at a Disability Hearing in Missouri?

Missouri SSI disability

Filing for SSI or Supplemental Security Income in Missouri

Supplemental Security Income in Missouri

Will SSI disability in Missouri qualify you for other benefits?

Who Qualifies for SSI Disability Benefits in Missouri?

Disability lawyers, attorneys in Missouri

Do I need a lawyer to get disability benefits in Missouri?

How do you choose a Social Security Disability Attorney in Missouri?

What does a Disability Lawyer in Missouri Charge if the Disability Case is Lost?

Cost of a disability lawyer in Missouri

Disability Lawyers for Social Security Claims in Missouri

How long does disability take in Missouri?

How long for a Decision for Social Security Disability in Missouri?

How Long Can you Receive Social Security Disability in Missouri?

How to Speed up a Social Security Disability Claim in Missouri