Helping People With Disabilities Nationwide

Unfavorable Decision: Now What?

On Behalf of | Oct 31, 2022 | WC - Firm News |

There is always a chance that following a hearing, you may receive a decision denying you Social Security disability benefits. These decisions are generally titled as “unfavorable decisions.” While this is not what you were hoping for, there are options after receiving an unfavorable decision. If you disagree with the hearing decision, there is the option to appeal your unfavorable decision. Specifically, at Midwest Disability there are attorneys who specifically review all unfavorable decisions to determine whether there are appealable issues. While most appeals are done by attorneys, you may also appeal the decision yourself (pro se). When an unfavorable decision is appealed, you are essentially asking the Social Security Appeals Council to review your unfavorable decision. It is important to note that the Appeals Council may deny your request if they believe the decision has no appealable issues that would possibility change the outcome. However, the Appeals Council may decide the case itself or return your case to an administrative law judge for another hearing. Remanding the case to an administrative law judge for another hearing is what happens in majority of cases.

On the other hand, if you choose not to appeal your unfavorable hearing decision or the Appeals Counsel denies your appeal request, you also have the option of reapplying. This would mean you would go through the Social Security disability application process again. It is important to note how your unfavorable decision may affect your new application and claim. Generally, you cannot allege your disability began before the date of your prior unfavorable decision. For example, if you have an unfavorable decision dated October 1, 2022, you cannot allege your disability began on or before October 1, 2022. Therefore, if you reapply for benefits, you will have to at least allege your disability began October 2, 2022, or later. However, there are some small exceptions and nuisances to this rule including re-opening a case. Therefore, it is important to talk through all your options with an experienced law firm who can advise you which option would best suit your case.


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