What Happens After a Denial at the Hearing?

After an Administrative Law Judge (ALJ) hearing, if your claim for SSDI is denied, you have several options for appeal, and you can keep pursuing your claim for benefits. A denial at the hearing does not mean your case is over, but it does mean you need to take specific actions to continue your pursuit of SSDI.

The ALJ’s decision may be based on their evaluation of the evidence presented, including medical records, your testimony, and any other supporting documentation. If the judge denies your claim, it’s essential to carefully review the reasons for the denial and decide on your next course of action.

Options After a Denial at the Hearing

If you were denied SSDI benefits after a hearing, you can appeal the decision through the following steps:

• Request a Review by the Appeals Council
  You can request a review of your case by the Appeals Council. This is the next step after an ALJ’s decision. The Appeals Council will look at your case and the ALJ’s decision to determine if any errors were made in applying the law. The Appeals Council may:
• Uphold the ALJ’s decision,
• Send the case back for a new hearing, or
• Reverse the decision and approve your claim.
• This review process can take several months, so be prepared for additional waiting. The Appeals Council will not consider new evidence, so it’s crucial that your case is well-documented and includes all relevant information.
• File a Federal Court Lawsuit
  If the Appeals Council upholds the denial, your final option is to file a lawsuit in federal court. This is a more formal process and may require legal representation. You would file this lawsuit within 60 days of receiving the Appeals Council's decision. A federal judge will review your case and the previous decisions made by the ALJ and Appeals Council. If the judge finds that the decision was made in error, they may send the case back to the SSA for further action or even reverse the denial.

Important Considerations After a Denial

• Act Quickly: There are strict deadlines for each level of the appeals process. If you don’t act within the required time frame, you could lose your right to appeal the decision. Be sure to file within 60 days from the date you receive the denial notice.
• Understand the Reason for Denial: Carefully review the ALJ’s decision letter to understand the reasons behind the denial. Common reasons for denial include insufficient medical evidence, failure to meet the SSA’s definition of disability, or the judge’s determination that you can still perform your past work or any other type of work.
• Gather Additional Evidence: If new medical evidence or information becomes available, gather it and use it in your appeal. This could include updated medical records, new doctor’s notes, or other documentation that supports your disability claim.