Should You Appeal an Unfavorable Hearing Decision or Just Start Over?

If you receive an “unfavorable decision” from the judge following your #disability hearing, you have a big decision to make. Do you file an appeal with the #AppealsCouncil and wait 2 more years for a decision that is only about 10% likely to be in your favor? Do you try to return to work? Do you start over and file a new application for #disabilitybenefits.

In this video I discuss what you need to keep in mind if you are thinking about starting over and filing a new application. But before you decide to start over you must have certain information available to you.

You need to know your date last insured for SSDI - this date will be included in the unfavorable decision. You need to have an updated theory of disability - if nothing substantial has changed, the odds are that you will get the same unfavorable result at a second hearing.

Whatever you decide to do, understand that you don’t have a lot of time to make your decision. You have only 60 days following receipt of your unfavorable hearing decision to either file an appeal to the Appeals Council or not. And you can’t pursue both options at the same time - either you file an appeal or start over. #atlantasocialsecuritydisability #socialsecuritydisabilityprocess #ssdi #howtogetsocialsecuritydisabilitybenefits #socialsecuritydisabilitydetermination #socialsecuritydisabilityappeal
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[simonewortham]

That's what my lawyer is doing to appeal my case

[TWolf]

I'm a member of a SSI / SSDI online support group. It bothers me that when someone asks this question, they are met with a chorus of "always appeal, always appeal, never re-apply!!". But I had very good reasons for not appealing, but rather re-applying. On my second application, I was approved a few months later at the initial stage for SSDI. My case is too complex to cover in a comment. But a couple of the main things is that during the 2 1/2 years leading up to my hearing, I learned a ton about working with doctors to document your illness. My first application had many holes in my medical record. But when I reapplied, my medical record from the new onset date forward was rock solid. Also I got a low approval judge that was never going to approve me, even in the unlikely event that the appeals committee kicked it back to her. I wasn't going to wait two years for a small chance that a committee would kick it back to a judge who would never approve me anyway. So there are cases when re-applying makes perfect sense. It certainly did for me.

[fancavecollectibles]

I am currently appealing an unfavorable in federal court here in NH. A lot of issues in my first case including a horrible lawyer that didnt make an opening statement, per hearing brief, was unprepared/unfamiliar with the medical record, limited her scope of questioning and didn't question the VE. Worst part is it was a big firm with a lot of support staff and they asked me to let them handle everything. I gave them all my treating providers and they never contacted for medical source statements/RFC's. The ALJ said the record doesn't match my testimony and even if the federal court rejects the appeal I reapplied with a new AOD of the day after the unfavorable. Clearly it was a lack of evidence which was available and staff at law firm failed to get it after telling me to back off. If I fail in court I am suing the firm for malpractice/breach of contract. When I win 1 of these 2 and I believe I will; I am going to donate a chunk of the money to a charity. I am doing all this so SSA can't use unfavorable as a sole reason to deny again. Plus during pandemic the useless adjudicators at DDS in Concord refused to return calls and only had chunks of records instead of the entire record.

[divinelyleo]

Just found out today that the hearing judge denied my claim with an attorney. I feel i should of read the reviews on that firm before. I just give up!

[nerddorkdiaries]

Hi Mr Ginsberg, I have a question concerning my recently denied SS claim from my ALJ hearing, I'm at the appeals council stage. I'm insured until June 30th 2022, so about 20 months. Can I fight the ALJ's decision through the appeals council AND start a new SS claim either immediately or while the appeals council is reviewing my claim? My concern is, the appeals councils reputation for taking their sweet time, so by the time they get to my claim and return a decision my insurance has lapsed. Logically, I don't see why this would be an issue, because the dates for the old claim and the dates for the new claim wouldn't be related or overlap, but this is SS we're talking about.

[shannobailey]

Denied at appeals council with multiple back issues and arthritis in hips, now what?

[MrAvidOutdoorsman]

I need help! im trying to appeal the appeal court. Or should i start all over. A lawyer told me im bouncing all around winning but their being unfair.!

[robertsoto]

Mr. Ginsberg i hope you can reply to this. I just had a hearing on the 9 of nov. I have all the evidence even support from my surgeon saying, and i was just diagnosed with ptsd, anxiety, and depression. The VE said their was no jobs in my past profession. Im 49 going on 50 in January of 2024. VE also found 3 jobs supposedly i can do, i have neuropathy and cant were shoes cause of burning sensations. Also i had a cervical neck fusion, and lower back disctomy due a bulging disc in 2023. Cant bend or twist or lift. All this is supported by my doctors. After hearing my lawer told me that it looks like the judge is leaning toward th VE. But the judge gave my lawyer 30 more days to rebuttal the VE, also lawyer told me to get more evidence from my doctors. Do you think this is a good?

[bluesdirt]

What if my representative is retiring can I change firms she’s on her own no back ups ?

[rogerhicks]

i have been denied twice. 2 judges. the first time i didnt have enough evidence. the second time im not quite 50 years old. my lawyer filed for appeal on second decision i have the evidence befor second hearing. i have degenerate disc disease and joint disease. ruptured discs in my neck, thoracic, lumbar, s.i. joint disfunction, arthritis on my spine and im HLA-b27 positive. my second hearing was jan.21 this year. judgement was on Feb. 9. this year. my lawyer and i believe its because im 49. i will be 50 oct.1 what do you think.

[richardfreeman]

I am questioning at this time the validity of a defense, when it has come later to my attention that the lawyer was actually someone who falsely represented themselves ask an attorney. There has been filed an appeal but yet no 1 has addressed the fact that this individual has falsely represented herself as an attorney.

[DWoodford]

When does Medicare kick in for SSDI? Is there a spend down and can you still qualify for Medicaid as a 2nd insurance?

[cindy]

If you didn't have enough evidence at the first hearing, can you submit more proof from my doctor's with an appeal for a 2nd hearing?

[whydotheathensrage]

LOL, i think these "judges" (so called) have a rubber clown stamp labeled "DENIED"

[johnwohng]

Would u go to federal court if you're going to lose?

[malliedouglas]

After being denied 2 times my attorney got a court date but he was upset because the judge we got has the lowest approval rating in the state so she denied my case saying no evidence of being treated for depression and anxiety but my dr is treating me for both im on medication and I have much more medical conditions he filed to have it overturned im waiting

[adamcarr]

My lawyer appealed the judges decision, october will be a year since I saw the judge, my question is, why would my lawyer appeal it of it was a lost

[ZteveW]

I have a problem with my knee. The ALJ denied me citing that my doctor's diagnosis was not a listed disability in the Blue Book. I learned from an attorney that my problem WAS listed in the Blue Book as "Major dysfunction of a joint due to any cause". I was denied over the semantics of a disability diagnosis. Will things like that be considered at the Federal appeals hearing? Is that an error of applying the law?

[johnwohng]

I been fighting for like 3.5 years.. anyways the judge denied me, and my lawyer is taking it to appeals... my question is... would my lawyer waste his time going that far if it was a useless case?

[danielleblack]

I was denied an appeal after my judgement. The judge used reasons such as, .. I looked well dressed when I went to therapy, .. or, .. I could bring my dog to a dog park. I am college educated and worked at a good paying job, then I had a total mental break down and I felt as if, .. because of this, .. the judge ruled I could not possibly suffer from severe depression, Cptsd, Anxiety and suicidal ideology with paranoid thinking. This was during the pandemic I had my trial and it was over the phone. I felt so unprepared, .. I could not speak with my attorney during it and I had an absolute panic/anxiety attack with ugly crying, incoherent thoughts and just spouted on and on about how much I hated myself. After the appeal to the appeals, ... my attorney backed out, .. I admit I did call and in another emotional outburst let them know I did not feel I was represented well. So now I am going to District Court, .. and I am so scared. if i keep the verdict of not disabled, i lose my service animal, and I feel that it may hurt my ability to request accommodations to work from home. Working from home is the only reason I can work. It is Terrifying