If a Judge Denies a Social Security Disability Claim

If the Administrative Law Judge hearing your case decides to deny your claim for SSDI or SSI benefits, you have two options:

1. Pursue the case to the next level of appeal at the Appeals Council. (you would definitely want a disability Representative to handle this for you).
2. File a brand new social security claim.

Which option is best depends on the circumstances of your case. In some instances, it will make perfect sense to file a brand new claim .

In other instances, a judge's decision will seem so inappropriate to the evidence that was presented that an appeal will be the better route.

To appeal a claim denial issued by an ALJ, a claimant (or the claimant's attorney or non attorney representative) will need to submit a "request for review" of the decision issued by the ALJ.

However, appeals at this level are similar to every other step in the disability evaluation process. That is, the Appeals Council does not operate under deadlines. Cases sent to the AC for the purpose of having an ALJ's decision reviewed can stay there for 3 months, or as long as a year and a half.

What is typically the outcome of this type of appeal?

Cases sent to the AC will generally produce one of three results:

1. The AC will issue a statement that the request for review has been denied (basically, a denial).
2. The AC will overturn the ALJ's decision.
3. The AC will determine that the ALJ erred in some fashion and will remand the case.

Option 1 is usually the answer a claimant can expect to get. Option 2 rarely ever happens. And option 3, the remand, happens often enough to make an appeal to the AC something to consider.

A remand, of course, is an instance in which a benefit claim is sent back for a second hearing, on the grounds that the ALJ made a technical error, failed to consider medical evidence, or reached an improper conclusion.

In all instances, though, at this level claimants would be wise to proceed based on the advice of a qualified Social Security Disability Representative.