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Can I Appeal if I Lose My Social Security Disability Hearing?


If the ALJ denies your claim after your hearing, you still had the right to appeal to the Appeals Council in Virginia.  The most recent statistics show that approximately 40% of claims that are accepted for review, are with approved, or returned to the ALJ for reconsideration.  

This number alone shows that you should strongly consider taking your claim to the Appeals Council.

For more information on how this process works, do not hesitate to contact our office and / or read the article below.

Applicants who are denied SSI benefits can appeal that decision, P.2

In the last post, this blog began a discussion of the complex appeals process that is available for people who are initially denied Supplemental Security Income benefits from the Social Security Administration. Much like the Social Security Disability Insurance benefits program, many applicants for benefits through the SSI program are denied at the initial determination of eligibility stage. Applicants for benefits through either program can appeal that initial denial of SSA benefits.

In the last post, this blog left off with the administrative law judge hearing stage of an SSI appeal. If the ALJ issues an applicant an adverse decision regarding SSI benefits, the applicant can take the appeal to the next level, which is before the Social Security Appeals Council.

The Social Security’s Appeals Council looks at all requests for review, however, the Appeals Council can deny a request for review. If a review is denied at the Appeals Council stage, the applicant will receive a letter explaining why the review has been denied. If the council declines to review the case, the applicant can take that decision to federal court for review.

If the Appeals Council accepts review, the review can take different forms. The council itself can look at the case and issue its decision, or the council can return the case to an administrative law judge for further consideration. Adverse decision at the Appeals Council stage of the appeal can be taken to federal court. Again, the process can take different turns in federal court.

The federal court judge can grant SSI benefits after the district court proceeding. However, the judge can remand the file back to an SSA ALJ or the Appeals Council for further consideration, or deny benefits at the federal court stage of the review.

Many applicants find the help of an experienced Florida Social Security Disability and Supplemental Security Income lawyer valuable when seeking SSA benefits. A seasoned Social Security attorney can help an applicant in assessing an individual situation and can help an applicant navigate through the complex SSA process.

Source: Social Security Administration, “Your Right To Question A Decision Made On Your Supplemental Security Income (SSI) Claim,” Jan. 2011


Original Page: http://www.800-disability.net/2012/01/applicants-who-are-denied-ssi-benefits-can-appeal-that-decision-p2.shtml

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