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
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).
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
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
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
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.