Step 1: Understanding the Denial at the Hearing

If your claim is denied during the hearing before an Administrative Law Judge (ALJ), it means the judge has determined that you did not meet the legal criteria for Social Security Disability benefits. The denial could happen for a variety of reasons, such as:

• Insufficient medical evidence to prove the severity of your disability.
• Failure to meet the SSA’s definition of disability.
• An assessment that you are capable of doing some type of work, even if it’s not your previous job.

While a denial at the hearing is disappointing, it’s important to understand why it happened and what you can do next.

Step 2: Can You Appeal a Denied Disability Hearing Decision?

Yes, a denial after your hearing is not final, and you have the right to appeal the decision. The Social Security Administration (SSA) provides several options for individuals who want to challenge a decision made at the hearing level.

Step 3: Requesting Review by the Appeals Council

If you are denied Social Security Disability benefits at the hearing, your first option is to request a review by the Appeals Council. This is the next step in the appeals process.

• How to Request: You have 60 days from the date of the ALJ’s decision to request a review. This request must be made in writing.
• What Happens Next: The Appeals Council will review the ALJ’s decision and determine whether it was made in accordance with the law. The Appeals Council has the authority to:
• Approve your claim.
• Send your case back to the ALJ for further review.
• Uphold the ALJ’s decision.

The Appeals Council will not conduct a new hearing, but will instead review the record of your case and the judge’s decision.

Step 4: Filing a Lawsuit in Federal Court

If the Appeals Council denies your claim or refuses to review your case, your last option is to file a lawsuit in federal court.

• How to File: You will need to file a complaint in a federal district court within 60 days of receiving the Appeals Council’s decision. This lawsuit asks the court to review the SSA’s decision and determine whether it was made correctly.
• What to Expect: The court will review the administrative record, but it will not hear new evidence or testimony. The court may decide to send your case back to the ALJ for further hearings or approve your claim.

Filing a lawsuit is the most complex and time-consuming step in the appeals process. Therefore, it is highly recommended that you work with a lawyer who specializes in Social Security Disability cases if you decide to pursue this route.

Step 5: Why Might a Disability Hearing Be Denied?

Understanding why your claim was denied at the hearing is essential to making a successful appeal. Common reasons for a denial at the hearing include:

• Insufficient Medical Evidence: The ALJ may find that the medical evidence provided does not adequately support your claim or fail to prove the severity of your disability.
• Inconsistent Testimony: If the judge finds discrepancies between your testimony and medical records, they may question your credibility.
• Failure to Follow Treatment: If you haven’t consistently followed prescribed medical treatments or treatments that could have alleviated your condition, the judge might decide that you haven’t done everything possible to improve your health and return to work.
• You Can Still Work: The ALJ may find that you have the capacity to perform some form of substantial gainful activity (SGA), even if it is not your previous job.

Step 6: Next Steps After Denial at Hearing

If you are denied Disability at a hearing, there are several steps you can take to move forward:

• Review the ALJ’s Decision: Carefully review the written decision to understand the reasons for your denial.
• Request a Copy of the Hearing Transcript: If you were denied based on something that was discussed at the hearing, request a copy of the hearing transcript so you can identify any errors or inconsistencies.
• Consult with a Disability Lawyer: An experienced Social Security Disability lawyer can help you assess your case and determine the best course of action. They can help you gather additional evidence, request a review, or file a lawsuit if needed.

Step 7: How a Disability Lawyer Can Help After a Hearing Denial

If your Disability claim is denied at the hearing, it’s highly recommended to seek legal assistance. A lawyer who specializes in Social Security Disability claims can provide valuable help in the appeals process, including:

• Requesting a Review: A lawyer can help you request a review from the Appeals Council and submit any additional evidence that may strengthen your case.
• Preparing for Court: If you decide to take your case to federal court, an experienced lawyer can represent you in court, presenting your case and arguing on your behalf.
• Assessing the Decision: A lawyer can help you understand the reasons for the denial and identify any mistakes made by the judge that may have impacted the outcome of your case.