Administrative Law Judge
Sometimes you might hear that you need to get denied before you get approved for disability by the Social Security Administration. Or that you need to “get denied twice,” before you are approved for benefits. There is some truth to these beliefs, but it is a little deeper and nuanced than that. In general, if you meet eligibility criteria for at least one of the two disability programs – commonly known as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) – a medical review will be conducted by a state agency where you live. You must complete two (2) state agency medical reviews – commonly known as the “initial” review and “reconsideration” – before an opportunity for a hearing with an Administrative Law Judge (ALJ). Once your hearing is complete, the ALJ typically takes 30-60 days to issue a formal, written decision.
Denied after a hearing?
If you are denied disability benefits after a hearing, you will typically receive an approximately 10–15-page written decision from the ALJ, detailing the facts and legal conclusions they relied upon to make the decision to deny. Some lawyers or disability representatives will tell you they don’t appeal beyond the hearing stage, or they may just tell you to refile a new claim. But you have other options, such as filing a request for review with the Appeals Council at the Social Security Administration, or filing a lawsuit directly in federal court, in which a federal judge will review the ALJ’s decision to determine if any crucial mistakes were made warranting a new hearing. At Keller & Keller, we have a dedicated federal court team of attorneys who will take time to carefully review the ALJ’s decision and evaluate for you whether the decision is likely to be overturned by a federal judge. We’ll discuss all the options with you about how to proceed.
If you’ve been denied after a hearing with an ALJ and don’t know what your options are, Keller & Keller has knowledgeable staff available to help, so give us a call at 317-926-1111.
