Can you get a second Social Security Disability Hearing if a judge denies you?
This is a complex multi faceted question. Many individuals attend more than one Social Security hearing in their lifetime. How does this happen? Well the controlling factor for multiple Social Security disability decisions including multiple hearing decisions is the date an individual is last insured for Social Security disability.
If an individual is still insured (an individual's work activity allows them to receive up to four quarters of coverage per year, which in turn leads to insured status for Social Security disability and retirement) for Social Security disability at the time of their hearing denial, they are free to file again and go through the process once more.
This can continue until the individual has a disability hearing that is past their date last insured, or DLI (to find out what your DLI is, you would need to contact a social security office). Once the individual receives a denial at this level, there can be no further disability claims unless the individual returns to work to extend their date last insured.
Now what are some exceptions to the above information? Some individuals appeal their claim to the Appeals Council if their hearing is denied, and on rare occasions the Appeals Council allows their disability claim, although it is more likely that the Appeals Council will return the case to the decisional administrative law judge to reconsider their ruling. Consequently, this may require a second hearing for the disabled individual.
Of course, if an individual is applying for Supplemental Security Income disability there is no limit to the amount of hearings an individual may receive, although the disabled individual must go through the entire Social Security disability process each time.
This is also true for individuals who were insured but are no longer insured for Social Security disability.
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Social Security Disability Secrets
If an individual is still insured (an individual's work activity allows them to receive up to four quarters of coverage per year, which in turn leads to insured status for Social Security disability and retirement) for Social Security disability at the time of their hearing denial, they are free to file again and go through the process once more.
This can continue until the individual has a disability hearing that is past their date last insured, or DLI (to find out what your DLI is, you would need to contact a social security office). Once the individual receives a denial at this level, there can be no further disability claims unless the individual returns to work to extend their date last insured.
Now what are some exceptions to the above information? Some individuals appeal their claim to the Appeals Council if their hearing is denied, and on rare occasions the Appeals Council allows their disability claim, although it is more likely that the Appeals Council will return the case to the decisional administrative law judge to reconsider their ruling. Consequently, this may require a second hearing for the disabled individual.
Of course, if an individual is applying for Supplemental Security Income disability there is no limit to the amount of hearings an individual may receive, although the disabled individual must go through the entire Social Security disability process each time.
This is also true for individuals who were insured but are no longer insured for Social Security disability.
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