Social security disability benefits can be extremely useful to those who can no longer work due to an impairment. But what happens when your claim is denied? Below we review what options you have after a social security judge denies your claim.
Once you’ve received your claim denial, the first thing you can do is file another appeal and keep fighting for your benefits. If you are denied more than once, you’ll eventually get to the last level of appeal which is appealing to an Appeals Council.
The Appeals Council reviews your entire case file including the judge’s decision to ensure the decision was made fairly and lawfully. On average, cases are under review by the Appeals Council for about 12 months and only about 10 percent of those cases are sent back to the judge that originally denied the claim. If it’s concluded that the judge wrongfully denied your claim, it’s important you continue fighting for your benefits.
Another option you have, instead of appealing to the Appeals Council, is to accept the judge’s conclusion that you are not disabled through the date of that decision. If you still believe that you cannot work due to an impairment for an indefinite amount of time, you can file a brand-new social security application claiming you are disabled from the date you file the claim moving forward. This strategy can be more successful than appealing to the Appeals Council.
The final thing that you can do is simply accept the judge’s decision that you are not disabled under Social Security’s criteria and focus on taking care of yourself, following doctor’s orders, and getting healthy enough to go back to work.
Those are your options after a social security judge denies your claim.
If you have additional questions about what to do after a social security claim is denied, call us at 508-732-8989.