No, it’s not necessarily the end if one of Social Security’s Administrative Law Judges turns you down. You can always appeal or, in most cases, you can file a new claim. Receiving an SSDI denial from a Social Security Administrative Law Judge (ALJ) can be disheartening. However, it’s essential to know that there are still options available to you. In this article, we’ll explore what steps you can take if your Social Security Disability Insurance (SSDI) application is rejected.

1. Appeal the Decision

  • If an ALJ denies your SSDI application, consider requesting an appeal.
  • The appeal process involves presenting your case before the Social Security Appeals Council.
  • If it happens success generally means that the case gets sent back for another hearing before the same judge.
  • Keep in mind that the success rate at the Appeals Council is relatively low. If they uphold the SSDI denial, proceed to the next step.

2. Federal Court Lawsuit

  • If the Appeals Council also denies your Social Security Disability Insurance claim, you have the option to file a civil lawsuit in federal court.
  • Success in federal court depends on identifying significant errors in the judge’s decision.
  • It’s less about proving disability and more about pointing out mistakes.
  • A win in federal court generally means that the case is sent back for a new hearing before the same judge.
  • Be prepared for a lengthy process; taking a case through the Appeals Council and federal court can take over two years. However, once you get past the Appeals Council, you may be able to file a new claim even if your case also goes to federal court.

Person filing a new SSDI claim

3. Consider a New Claim

  • If you’re not appealing or if the Appeals Council denies your appeal, think about filing a new claim.
  • Ensure you don’t have a “date last insured problem.”
  • There are several types of Social Security disability benefits. The most common of these is Disability Insurance Benefits or DIB.
  • For Disability Insurance Benefits (DIB), you generally need to prove disability within about five years after your last time working.
  •  If this five-year time period has elapsed before you get denied by a Social Security judge, you probably won’t be able to get anywhere with a new claim for DIB. They’ll say that it’s a matter that’s been adjudicated finally. However, SSI may still be available.
  • Keep in mind that a new claim currently takes two to three years.

4. Seek Legal Representation

  • Given the complexity of the process, hiring an attorney experienced in Social Security disability cases is crucial.
  • An attorney can guide you through the appeals process, identify errors, and improve your chances of success.

If you’re in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347