WHAT ARE YOUR OPTIONS AFTER BEING DENIED AT THE HEARING LEVEL?

In a Social Security disability claim, your best option for approval is always at the hearing. But what if you are denied at the hearing level? Are there any more options?

Yes, there are options, but no good ones. That's why I say, Win this at the hearing--there are no good options after the hearing.

So, after the hearing, these are the options you have left:

1. Appeal to the Appeals Council (AC) is always an option. However, the job of the AC is not to review your medical conditions and re-determine whether you are disabled. The job of the AC is to decide if the hearing judge broke any rules or did anything wrong that prevented you from getting a fair, impartial hearing. Even if the Appeals Council disagrees with the judge's conclusion, it will not overturn the decision unless there is a clear violation of the rules or the law. So, an Appeals Council Review is a poor option. Here are the national statistics I am seeing on the Appeals Council:

89 percent - The AC refuses to review the Judge's decision; leaving it as is.

09 percent - The AC remands the case back to the judge for further consideration. The judge may deny again or approve, based on the further review.

02 percent - The AC directly overrides the judge's decision and awards benefits. As you can see, this is a very rare occurrence.

2. FEDERAL DISTRICT COURT REVIEW. After an unsuccessful attempt with the Appeals Council, you may file a lawsuit against the Commissioner of Social Security in a federal district court (FDC). Here, also, the Court will not make any attempt to determine whether you are disabled. They will review pertinent laws and regulations to determine whether the Hearing Judge (ALJ) gave you a fair hearing. If they find that you had a proper hearing, the Court will uphold the Hearing Judge's decision. This effectively ends your appeal options.

Now, some legal eagle out there will point out--"There's always the US Supreme Court." Yeah.....technically.....but just technically. Some years the US Supreme Court hears no Social Security cases. In most years, the high court may hear 1 or 2 Social Security cases, always involving more serious constitutional or procedural issues. So, out of about 1,000,000 cases, the Supreme Court hears 1 or 2 cases, if any at all. Sorry, but that's not a practical expectation.

Here's the point I hope you take away from this question of appeals: When you start the appeal process, THE place to win your case is at the Hearing. Most denied claimants will get just ONE hearing during the life of their case. Make that hearing count. If your case gets denied at the hearing level, there are simply no more good options where you have a substantial chance to win.

How can you give your case the best chance at the hearing?

1. Get experienced legal representation from someone who knows how hearings work, what to expect, and what to prepare for.

2. Cooperate with your counsel in getting updated medical records.

3. Work with your counsel to try to get your doctor's support.

4. Meet with your legal counsel prior to the hearing and learn what to expect. In other words, get prepared for what will come at the hearing.