What Happens if You Lose Your Disability Hearing?
If the Administrative Law Judge (ALJ) turns down your request for SSDI benefits at your disability hearing, you can ask the Appeals Council to take another look at your case. You must file this request within 60 days of the judge's decision.
The Appeals Council will review the hearing decision to ensure it complies with Social Security's guidelines. They may uphold the ALJ's decision, send it back for further review, or overturn it.
If the Appeals Council Review ends up overturning your request for Social Security Disability Insurance, you can take your disability case to a federal district court. If that doesn't succeed, you can start the appeals process over again—as many times as necessary.
Securing disability benefits can be a long, drawn-out, and stressful process, so having legal representation is very important. A skilled disability attorney can make it less confusing and boost your chances of success.
What Happens at Your Social Security Disability Hearing?
At your disability hearing, you'll have the chance to explain, in your own words, how your medical condition impacts your ability to hold down a job. The judge will cross-examine you. This means you'll be expected to answer questions.
The ALJ will examine your case file (including medical records) to find evidence supporting or contradicting your claim. They consider how your symptoms might affect your ability to perform essential tasks, such as lifting, standing, or concentrating. The judge will also examine your work history to evaluate whether your condition prevents you from returning to your previous job.
To better understand your case, the ALJ may call on expert witnesses. For example, they might have a medical expert explain the severity of your condition and how it affects your ability to carry out everyday responsibilities. Vocational expert testimony can help the judge assess whether there are any jobs in the national economy you could reasonably perform, given your physical or mental impairments, skills, and education.
After your disability hearing, the ALJ will issue a written decision outlining whether your claim is approved or denied and the reasons behind their ruling. Sometimes, the ALJ may issue a bench decision, which means they issue an immediate ruling after the hearing.
Working with an experienced attorney who understands disability law can help ensure that your evidence is well-organized and that your testimony is compelling, maximizing the chances of a favorable decision.
Common Reasons for Social Security Disability Claim Denials
Insufficient Medical Evidence
One of the most common reasons for denying Social Security benefits at the hearing level is that the supporting evidence wasn't compelling enough. The Social Security Administration (SSA) requires detailed records explaining your diagnosis, medical treatments, and how your condition interferes with your ability to work. If the evidence isn't sufficient to make your case, the judge will likely make an unfavorable decision.
Lack of Credibility
The judge might question your credibility if what you say during the hearing contradicts your medical records or previous statements. Once the judge doubts part of your testimony, they may be less likely to believe the rest. This could result in your claim being rejected.
For example, let's say you tell the judge that you've been unable to work for the past year due to severe back pain. However, your medical records reveal that you reported feeling better and even returned to part-time work six months ago. This inconsistency might make the judge question your honesty, harming your case.
Ability to Perform Other Work
Suppose the judge determines you can still do some kinds of work, even if it's different from what you did before your disability. In that case, you might not qualify for benefits. The judge will consider your age, education, and skills to determine if there are other jobs you can do.
Here's an example: you used to work in construction, but due to your disability, you can't do heavy lifting anymore. If the judge thinks you could handle a desk job or another type of lighter work, they might determine that you don't need disability benefits.
How to Boost Your Chances of a Successful Social Security Disability Appeal
As mentioned earlier, one of the biggest reasons people are turned down for benefits is that the supporting evidence needs to be stronger. However, if additional evidence emerges after your hearing, submit it to the SSA immediately because it'll strengthen your case.
Let's say you were denied because the judge didn't think your condition was severe enough to warrant financial assistance. Then, after the hearing, you underwent additional testing that revealed it was far more serious than anyone thought. Submitting this new medical evidence might turn the tide in your favor.
When filing a new application, it's best to work with a disability lawyer to ensure that any issues from your previous claim are addressed. An experienced disability attorney can also assist you in gathering, organizing, and presenting the new evidence in the most effective way possible.
What To Do If Your Appeal is Denied
Federal Court Review
If your Appeals Council review is rejected, you can still take your case to federal court, where a judge who's not part of the Social Security system will examine the evidence and determine if the SSA committed any legal errors in denying your claim. They can overturn the SSA's decision, remand your case for further review, or uphold the denial.
Start a New Claim
If you've exhausted all your appeals and still haven't been approved, don't worry—you can always start a new claim. Like before, you'll have four chances to appeal if your initial application is turned down. You can repeat the application process as many times as necessary.
To boost your chances of getting approved, it's a good idea to have a qualified disability lawyer by your side. They'll help simplify the appeal process and ensure you present yourself effectively at your hearing. Contact us for a free case evaluation.