What Can Be Done if Your Claim Is Denied by a Social Security Disability Judge Following a Hearing?

If your claim for Social Security disability benefits has been denied by an administrative law judge following a hearing, you have the right to appeal to the Appeals Council.

It is important that an experienced Social Security disability attorney review the judge’s decision, and the documentary evidence in your Social Security file to determine why your claim was denied. Your claim may have been denied because there was not sufficient evidence presented to prove that you are disabled. Your claim may have been denied because the judge failed to follow important regulations and rulings that the judge is required to follow in deciding disability claims, or committed other errors in deciding your case.

If your claim was denied because there was insufficient evidence to prove that you are disabled under Social Security’s disability standard, it might be possible that an attorney could gather additional evidence that, together with the evidence that has already been submitted, would lead to a favorable decision. Even if you were represented by an attorney at the hearing, it is possible that all the evidence that could be obtained to support your claim was not obtained.

Such new evidence might include additional opinions from your treating physician or evidence about your condition from another physician or from a psychologist, vocational expert or another type of expert.

If your claim was denied because the judge failed to decide the case in accordance with applicable regulations or rulings of the Social Security Administration or court decisions that are binding on Social Security judges, an attorney might suggest that the judge’s decision be appealed. The attorney would prepare a legal brief that would explain the errors committed by the judge, and show how under applicable regulations and rulings of the Social Security Administration or applicable court decisions, the evidence supports a finding of disability.

Even if an attorney has advised you that he or she would not appeal your case to the Appeals Council, it is wise to get a second legal opinion. I have generally found the Appeals Council to be responsive to a well-written brief in cases in which the administrative law judge has committed serious error, and the evidence of disability is strong.

An appeal from a denial issued after a hearing must be filed within 60 days from the date that you receive the denial, and Social Security presumes that you received the judge’s decision within five days of the date that the decision was mailed to you by Social Security. If you have received a denial following a hearing of your Social Security disability claim, contact a Social Security disability attorney immediately.

If you are looking for assistance with your Social Security disability benefits claim, I invite you to contact one of my three offices to schedule a free initial consultation.

Three Convenient Office Locations:
In Austin l: 512-687-3443
In Dallas : 214-800-2022
In Plano : 972-599-2600

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