Appealing a Denial After Hearing by an Administrative Law Judge in a Disability Case

Posted April 21, 2014

When a person receives a written denial from an Administrative Law Judge after having a Social Security disability hearing a decision must be made concerning what to do next.  There are basically three options, an appeal to the Appeals Council, refiling a new claim or nothing at all.

The Social Security Administration has changed their policy concerning appeals to the Appeals Council.  Previously one could file an appeal and re-file an application for benefits at the same time. That is no longer the case.  The claimant must choose which remedy would be best in any particular circumstance.

Although an appeal may appear to be the obvious choice that may not be the best course since an appeal can often take over a year to process and if an appeal is favorable, the claim, in almost all circumstances, is simply returned to the Administrative Law Judge who conducted the prior hearing for a new hearing.

From a time perspective, it may be quicker to file a new claim, particularly if there is new evidence available likely to result in a favorable determination.

At Drummond Disability we try to select the best option for clients based upon multiple factors including the quality of the medical records, the timeframe involved, the date last insured and a host of other issues.

If you would like to discuss your claim with us, please call for consultation 1-800-842-0426.

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