BEYOND THE HEARING: IF YOU AGAIN GET DENIED

Social Security disability cases that have been denied are appealed at a hearing before an administrative law judge.  What if you get turned down again at the hearing?

Following an unsuccessful hearing, the next appeal is with the Appeals Council--a group of administrative law judges in Falls Church, Virginia.  No, you don't go to Virginia.  It's a paper review and no personal appearance is required or permitted.

The Appeals Council (AC) will review the hearing judge's decision to see whether substantial error occurred. If the Council finds that the case needs further review, they may remand it (return it) to the original administrative law judge for further investigation or a new hearing.  In a very small percentage of cases, the AC may issue a different decision on its own, but this is rare.  So, a remand is a second chance before the judge who held your original hearing.

 The AC will usually tell the hearing judge what issues he/she could reconsider and what action needs to be taken as the claim is reconsidered.  The hearing judge will then issue a new decision which may be favorable or unfavorable.  If a new unfavorable decision is issued, it may be appealed to the Appeals Council again.  In fact, decisions can be appealed as many times as is required, or until the AC is satisfied that a decision has been made which meets the requirements of Social Security laws and regulations.

 Once all appeals have been exhausted with the Appeals Council, the claimant may appeal to a US federal district court.

 

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