Lost Your Hearing? What Are Your Options?
Lost your hearing? Did you go to your hearing with an administrative law judge and lose? It doesn’t feel good to get an Unfavorable Decision in the mail. Especially after sending in all of your medical records, waiting two years to get a hearing and then going through the stress of a hearing.
Unfortunately, you are not the only claimant who has received a denial. The ALJ’s are denying a lot of claims. They are doing so because the SSA is pressuring them to deny up to 50% of all cases. The SSA is now only granting approximately 40% – 50% of Social Security disability cases across the country. They used to grant a much higher number. This means if your case was denied at a hearing, you are not alone.
You know your disability keeps you from working, so what should you do? Our advice is, don’t give up. Here are some options:
LOST YOUR HEARING? OPTION NUMBER ONE.
HIRE AN ATTORNEY AFTER YOUR HEARING
Hire an attorney. If you went to the hearing unrepresented you didn’t make a good choice. But, you can remedy that now. Have an attorney review your Unfavorable Decision and see if there is any way of appealing the decision. You have 60 days from the date the decision was issued to appeal to the Appeals Council. An attorney should be able to tell you for free if there is a chance of winning your case on appeal.
OPTION NUMBER TWO.
APPEAL TO THE APPEALS COUNCIL
Your second option after your hearing is to appeal your denial to the Appeals Council. You can write to the Appeals Council and demonstrate to them that the Judge made a mistake. If they agree with you, there is a small chance that they will remand the case, which means they will send it back to the same Judge for another hearing.
There is a 1% chance that they will overturn the Judge and grant your benefits. So, don’t believe that by appealing they will grant your case. The chances are very slim that will happen. If you have additional medical evidence, you can submit that information with your appeal to the Appeals Council. You will need a good reason as to why you didn’t submit the evidence at your hearing. Make sure you write that reason down when you appeal. There is a 60-day deadline to appeal. Therefore, don’t miss your deadline. If you miss your deadline, then your appeal will not be accepted. And you will lose any benefits you originally applied for.
OPTION NUMBER THREE.
LOST AT THE HEARING? FILE A NEW APPLICATION.
You can file again. You have to make sure you are still insured for benefits, but if you are, you can file again. However, if you file again you are giving up on ever recovering your past benefits under your old application. But, you already lost those benefits when you lost your hearing. So, sometimes it is better to not appeal and file again.
Why? Because if you file again you can build a new record by submitting better medical evidence, you can start fresh and hire an attorney who can help you and although you will wait for another hearing, you may get a different Judge who will see things your way. Try to remember that if you lost your case once, you will need to do things differently if you apply again.
LOST YOUR HEARING? WHAT CAN YOU DO DIFFERENTLY ON THE SECOND APPLICATION?
If you lost at the hearing and you decide to file again, then you will need to collect all of your medical records. After you collect them, submit them to the SSA. Also, comply with your doctor’s treating advice and build a record that supports Social Security Disability. Perhaps you will need to find a doctor who is more supportive of your case. Or, you can find a doctor who is a specialist in treating your impairments.
It is the evidence that wins the case. It is your burden to find all of the medical evidence. Then, you must present the best case that you can. Even if you lost the first time, you can win on a second application. However, you will need the proper evidence. Don’t be discouraged. If you can’t work due to your disability, apply a second time. Start over. Do a better job at convincing the SSA to grant your case. Don’t give up.
HIRE CANNON DISABILITY LAW BECAUSE WE HAVE THE EXPERIENCE TO WIN YOUR CASE
The attorneys and representatives at Cannon Disability Law can help you apply for benefits. Also, we can help you appeal a denial from the SSA if you lost at your hearing. Likewise, we can represent you in court. If necessary, we can also appeal your case to the Appeals Council. Additionally, we can file an appeal in Federal Court. Typically, we do not file Federal Court cases that other attorneys have lost at the Appeals Council. However, we will review your case if you need to appeal to Federal Court. We can represent you no matter where you live, whether it be Utah, Nevada, Colorado, Idaho, or California.
Also, we bring over 60 years of legal experience to your disability case. For instance, Dianna Cannon has been helping SSD & SSI claimants with their cases for over thirty years. Brett Bunkall is admitted to the Idaho State Bar and has many years experience as a lawyer. Also, Andria Summers has legal experience representing thousands of claimants. Together, we have won over 20,000 disability hearings. You can trust that we will do our best to win your SSD and SSI benefits. We offer a free consultation. Give us a call today.