What if I Lose at the Hearing? Is my Case Over?

During your hearing, if the Judge decides that you are not disabled, you can actually appeal the decision to the Appeals Council.  You can also appeal even if the Judge finds you disabled, but at different date than you contend; for example, you contend that you became disabled in May of 2006 but the Judge says you became disabled in September of 2008.

Just as is the case with other disability denials, your filing to the Appeals Council has to be less than a 60 day timeframe from the date of the hearing. Generally, the Appeals Council will consider only legal challenges to the Judge’s decision. For that reason, it is advisable to have a lawyer prepare your Appeals Council brief.

At Ginsberg Law Offices, we often accept Appeals Council cases from clients who at one time had another lawyer appear with them at the hearing; however, we are very careful who we select.  So if you’re thinking about having a law firm assess your Appeals Council case, don’t wait until the last minute.  Do it as soon as possible so that they have the proper time to review your case and determine if it is worthwhile to take on.

Once in a while, we will send out our appeals to other law firms that specialize in Appeals Council brief writing.  As mentioned above, if you are denied at your hearing, don’t wait until it is too late to file an appeal – do it as soon as possible.

We also advise our clients to file a brand new disability application at the same time of filing an appeal.  This will automatically give you a second chance at winning.  In addition, this will also protect you if your appeal happens to get denied.  Keep in mind that if your appeal or case #1 is denied, you will be qualified for benefits in case #2 as early as the day after your denial.

Every judge has their own method for hearing cases.  Click on the link to learn more about Atlanta Social Security disability local rules and customs.