What Should I Do if My Disability Application is Denied?
Disability Application Denial | Hankey Law Office | (317) 634-8565
Hi my name is Ashley marks I’m one of the attorneys at the Hankey law office.
A question that we often get asked is what to do if you’ve been denied by a judge. The first step that this thing happened is before what’s called an administrative law judge which is when you’ve went to a hearing and the judge has been in front of you and you’ve gone over your conditions but then you receive a denial in the mail. At this point you have two different options to choose from.
You can either reapply, which means you’re going to have to let all those past benefits go and focus on a new case, or you have appeal rights and you would be appealing to what is called the Appeals Council. You don’t actually have to go before the Appeals Council they look at just the written decision and evidence in the case to see if an error was made. An important part to understand that is they’re really focusing on the errors that the judge made and if that changed the outcome of your decision. They’re really not getting into a bunch of reweighing of the evidence so it’s more of an argument, did the judge actually follow the rules versus just as the evidence show that you’re disabled.
Appeals in particular are tricky so we may or may not have had an attorney at the hearing with you but I would definitely recommend that you do speak to a lawyer before you would try to handle an appeal on your own. Now if you click this video because you’ve had an appeal from the Appeals Council then your next choice would be to appeal in federal court. If you choose to appeal in federal court you can also start a new claim at this point with Social Security while that federal appeal is pending, but that’s even more stringent standard than the one that I just talked about with the Appeals Council. They’re very much strictly focused on whether or not the judge followed the rules and honestly if just from reading that decision if you’re not reading this every day you just may not be sure if the judge followed the rules or not.
Offices like ourselves we do handle federal court appeals and AC, the Appeals Council, appeals as well and we would be happy to review those decisions for you if you’re trying to figure out which Avenue is the best for your case.
Again, my name is Ashley marks and if you have any other questions on this matter please feel free to give us a call.