If you get denied at a disability hearing, can you win later?Subject: Winning disability after you were previously denied at a hearing. Question: "Does a person who gets denied after the first hearing, stand ANY chance of eventually getting it?" Yes. If a person gets denied at a hearing, they can pursue the claim to the appeals council. If the AC denies it, an appeal can be filed in federal district court. However, another option after a a denial at a hearing is to start over with a new disability application. And, yes, there are individuals who end up winning on a new claim. What's the best option if an ALJ (administrative law judge at a disability hearing) has denied you? It depends on whether it seems preferable to begin with a new disability claim, or whether it seems better to send an appeal to the appeals council in the hopes that the AC will either approve the claim, or find something in the decision of the judge who ruled previously that warrants the case being remanded. When a case is remanded, it is sent back for another hearing. Unfortunately, this may mean going back to the same judge who issued the prior denial of disability. Typically, the issue of what to do is best left to the consultation provided by the person who represented the case at the hearing, either a disability lawyer or a non-attorney disability representative. Either type of representative can provide proper representation. And many non-attorneys are former disability examiners or other individuals who worked for the Social Security Administration. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? 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? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: Filing a second application for disability Applying for permanent disability with liver disease and a spinal fusion Applying for disability with bipolar, anxiety, and antisocial personality disorder How long after my consultative appointments will I get a decision on my disability claim? Can I get married and still get my Social Security Disability? How many people die while waiting for disability benefits? Does SSA go by onset date or application date for back pay? If you get denied at a disability hearing, can you win later? Can you work while filing for disability? Can medications qualify you for disability? Will Social Security respond to a dire need letter? Denied disability because of work credits Can you still get SSI if you are denied SSDI? |
