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The Administrative Law Judge (ALJ) denied my claim for disability benefits. What are my options?
If your claim has been denied by an ALJ, there are two options: 1) request a review of the ALJ’s decision; and/or 2) file a new claim. It is usually best to pursue both options because continuing the appeal may result in a larger retroactive payment than filing a new claim as Social Security may only pay retroactively to the filing date of your new application.
A request to review the ALJ’s decision will be made to the Appeals Council. The Appeals Council will review the evidence of record, any additional evidence, written arguments, and also the determination of the ALJ. Several different outcomes are possible from this review. The Appeals Council may remand your claim to another ALJ to rehear the case, especially if it finds that the ALJ did not give proper weight to certain evidence or if the ALJ did not follow the proper analysis according to the Social Security Administration regulations and law.
Another possibility is that the Appeals Council may grant benefits without any further hearing. Likewise, a decision by the Appeals Council denying benefits may also be made, in which event, your next step would be to appeal your matter to the Federal District Court.
The usual time frame for a further appeal to the Appeals Council is approximately one (1) year. During this time, it is still possible to submit new evidence relevant to the pending appeal. With new evidence, the Appeals Council may grant benefits from the date requested on your original application or at some later date on a fact found basis. It is also important to continue your claim as you may advance into the next older age group while your claim is pending, which may result in a decision granting benefits.
Should you have any questions regarding Social Security Disability, or if you would like to consult with an attorney, please contact our office.