A number of attorneys suggest that if you are denied at your Social Security disability hearing, you should do two things:
- Appeal the Administrative Law Judge’s (ALJ’s) decision to the Social Security Appeals Council, and
- File a new claim for Social Security disability benefits.
The idea was that the new claim would be evaluated by Social Security until it got to the hearing level, the the old claim was pending on appeal. There were pros and cons to this approach.
- Since cases often take in excess of 18 months at the Appeals Council, some advised to start the ball rolling on a new claim (which might get approved sooner).
- The problem was that a denial on the new claim might reinforced the correctness of the prior hearing denial which is being appealed.
- Also, if the new claim got to the hearing level, it was put on hold until the Appeals Council decided on the appeal of the prior hearing decision.
- If the Appeals Council denied the appeal, it might have a chilling effect on the new claim’s chances waiting to be heard at the hearing office.
Well, all this is a thing of the past.
With SSR 11-01p, Social Security now effectively makes you pick whether to appeal OR start a new claim. Continue reading SSR 11-1p: can’t appeal and reapply for Social Security disability
I was talking to a woman who was upset with her attorney. Her Social Security case had been denied at the hearing level. The Administrative Law Judge did not think she was disabled. With her attorney’s help, she appealed to the Social Security Appeals Council.
After months and months, she finally got her decision …. a denial.
Well, at least there was a nice long decision explaining exactly why the Appeals Council denied the case. Right? WRONG!
Even her lawyer could not tell her why she had been denied. Why? Because there is thing you need to know about Appeals Council decisions: Continue reading The agony of Social Security Appeals Council decisions
You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council.
If they approve the appeal, you can get your disability benefits? Right? Umm Probably not.
Here’s the lowdown that you need to know about what happens at the Appeals Council: Continue reading “Winning” at the Social Security Appeals Council isn’t all it’s cracked up to be
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Continue reading Can’t find lawyer for your Social Security hearing denial?
If you have been denied at your Social Security hearing in front of an Administrative Law Judge (ALJ), you may end up having to file an appeal to the Social Security Appeals Council.
In my experience handling Social Security disability cases in Colorado, it can take between 6 – 18 months to get a decision back from the Appeals Council.
However, even if you “win” the appeal, that is not the end of your case. In the vast majority of cases, the Appeals Council does not approve benefits outright. Normally, they simply send the case back for another hearing with instructions to the ALJ on what should be done next time. Continue reading How long does an Appeals Council decision take?
If your Social Security case is denied after a hearing with an Administrative Law Judge (ALJ), you have a couple of options:
Option 1: Appeal the ALJ’s decision to the Social Security Appeals Council
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”
One benefit of appealing is that it preserves your entitlement to past benefits. Continue reading Denied at your Social Security hearing? What you can do now
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Note: The appeal must be delivered by the 65th day! Unlike filing your taxes, postmarking the letter on the 65th day is not enough. The appeal must be in the Appeal Council’s hands no later than the last day.
There is the possibility of filing late with the Appeal Council’s permission, but that is not something you want to count on.
Here are a couple of things to keep in mind about the appeal. Continue reading Denied at hearing? Here’s how to appeal the Judge’s decision to Social Security Appeals Council