What Happens After an SSD Hearing Denial? Understanding the Social Security Disability Appeals Process
Post-Hearing Review in Social Security Disability Claims
Did you know there is a post-hearing process wherein you can ask for further review of your claim even if you are turned down by an Administrative Law Judge? This process is referred to as the Appeals Process, whereby an independent tribunal can review your decision and, if appropriate, order a new hearing be held in your case and/or possibly grant you benefits without the need for a new hearing.
One of the biggest advantages of filing an appeal is the ability to have your claim reviewed by someone other than the judge who initially turned you down; however, the Appeals Process is a very technical area of SSD law, often involving strict deadlines so it is extremely important that you have legal representation when attempting to navigate the Appeals Process.
All decisions from an Administrative Law Judge must first be appealed to the SSA Appeals Council, and if your appeal is denied, there is one final level of review known as Federal Review, which is a direct appeal to a U. S. Federal District Court. Herein below, we will explore the standard of review used in the appeals process and the possible outcomes resulting from an appeal.
The Social Security Disability Appeals Process Explained
Appeals Council Review
If an Administrative Law Judge turns you down after your hearing, you may ask for review of the decision by filing a Request for Review with the Appeals Council, an independent council established by the SSA to review decisions made by agency Administrative Law Judges. The Request for Review must be filed within 60 (sixty) days of receiving your Notice of Decision, and you must file it directly with the Appeals Council.
The Appeals Council will review the entire record and make a determination as to whether the decision was supported by substantial evidence; more specifically, the Appeals Council will evaluate whether the ALJ properly considered the medical evidence in your case and/or properly applied the law to your case.
At the conclusion of their review, the Appeals Council will take one of the following actions: affirm (uphold) the judge’s decision; reverse the decision and grant you benefits; or send your case back to the Administrative Judge for a new hearing. If the latter takes place, you will most likely be rescheduled for a new hearing, and you will be able to introduce new evidence to support your case; your Attorney will also be able to attend the new hearing and advocate on your behalf. Once your new hearing is held, the Administrative Law Judge will then issue a new decision in your case.
Federal Court Review of SSD Appeals
If the Appeals Council affirms or upholds the Administrative Law Judge’s denial, all is not lost; there is another layer of review known as Federal Review, which involves filing a lawsuit in the U. S. District Federal Court. You must file your lawsuit within sixty (60) days of receiving the final decision of the Appeals Council, and you must file in the Federal Judicial District where you live.
In this process, it is a Federal judge (not SSA) who reviews the case and makes the final decision on whether the ALJ properly decided your case. The Federal Court will conduct a brand new review of your case and make a decision on whether the Administrative Law Judge’s decision was supported by substantial evidence; more specifically, they will assess whether the findings of the Administrative Law Judge were supported by the administrative record and/or whether the ALJ misapplied legal or procedural rules and if so, the Federal Court will overturn the Administrative Law Judge’s denial of your case and send your case back to SSA for a new hearing. In some instances, they may also grant benefits to you without the need for a new hearing.
Why the SSD Appeals Process Matters
All is not necessarily lost if an Administrative Law Judge denies your case. The post hearing Appeals Process affords you the opportunity to have your claim reviewed by an independent tribunal that may take one of three actions: uphold the denial, overturn your denial and order a new hearing be held in your case, or, in certain circumstances, grant you benefits outright without the need for another hearing.
The Appeals Process is an integral part of the SSD process because it serves to safeguard your right to have a full and fair hearing; however, as discussed above, the Appeals Process is a very technical process, and it is important to consult with an experienced Advocate who can explore your appellate options.
Here at Disability Help Group, we are committed to doing everything that we can to win the case for our clients without the need for an appeal. However, if the need to appeal arises, we stand ready to pursue your initial appeal with the Appeals Council, and because we want to give our clients the best overall chance to win their case, we have additionally partnered with specialist attorneys who devote the entirety of their law practice to filing appeals in the U. S. Federal District Court. No case is too complicated for Disability Help Group, and we are committed to seeing your claim through to a successful outcome.
Get Help With Your Social Security Disability Appeal
Being denied after a Social Security Disability hearing can feel overwhelming, but it does not have to be the end of your claim. Strict deadlines, complex legal standards, and procedural requirements make the appeals process difficult to navigate alone.
Disability Help Group helps individuals nationwide pursue SSD appeals, including Appeals Council reviews and Federal Court appeals. Our team understands how to identify legal errors, missing evidence, and procedural issues that may strengthen your case. Contact us HERE today or call us at 800-800-3332.
This article was written by Erica Chitwood, Esq., and Wilbur Seitzinger Jr., Esq., and fact-checked by Disability Help Group to ensure accuracy and consistency with current Social Security Administration appeals procedures. This content is intended for general informational purposes only and should not be considered legal advice. Every Social Security Disability case is unique, and readers are encouraged to seek guidance from a qualified disability advocate or attorney regarding their specific situation.
Frequently Asked Questions About SSD Appeals
How long do I have to appeal an SSD hearing denial?
You generally have 60 days from the date you receive your Notice of Decision to file a Request for Review with the SSA Appeals Council. Missing this deadline can permanently end your appeal rights.
Can the Appeals Council approve my SSD claim without another hearing?
Yes. The Appeals Council can reverse the ALJ’s decision and grant benefits outright if they determine the evidence supports approval. In other cases, they may send your claim back for a new hearing.
What happens if the Appeals Council denies my appeal?
If the Appeals Council denies review or upholds the ALJ’s decision, you may file a lawsuit in U.S. Federal District Court within 60 days. A Federal judge will then review whether the denial was legally and procedurally correct.
