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Yes, you can get a second hearing if your social security disability or SSI disability claim is denied by an administrative law judge. And there are two different ways to do this. The first method would simply be to file a brand new claim for SSI or SSDI (social security disability insurance) benefits and, assuming your case is turned down again at the intial and reconsideration levels, attempt to get another hearing. The second method would be to file a request for review of the administrative law judge's decision. This type of appeal would involve the appeals council, a body that reviews the decisions of administrative law judges. Cases that are reviewed by the appeals council may potentially be sent back for a second disability hearing, otherwise known as a remand. Second hearings of this types, or remanded hearings, typically occur when fault can be found with the decision of the ALJ (either a technical error or a more substantial error regarding the evaluation of medical evidence). Now, what is the difference between seeking a remanded second hearing (via an appeal to the appeals council) or trying to get a second hearing simply by starting all over again with a new application? The difference is this: a disability claimant's attorney will usually seek a remand when it's plain (at least to the attorney) that the judge erred in some way. If not, the attorney will likely advise the claimant to file again with a new application. And, of course, the logic behind such a recommendation is obvious. Why bother to pursue an appeal to the appeals council if the basis for such an appeal is questionable and possibly a waste of valuable time? Important notes: currently, the disability evaluation system is pending suggested changes and at some point in the future, the appeals council may cease to exist and the reconsideration stage may be eliminated also. Disability Advocates Help with Claims Free Case Evaluation Filing for SSI |
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SOCIAL SECURITY DISABILITY SSI LAWYERS ATTORNEYS ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 4 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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