What should you do if you are denied Social Security Disability at your hearing?
The new Social Security rule is that you must reapply or appeal your denial.
In most cases you probably want to reapply, which means filing a new application.
Why?
You will most likely get a faster decision.
Sometimes Social Security will approve you before you have to go back before a Judge. Why is this? I do not know, but I have seen this happen a number of times.
The Appeals Council used to remand these new approvals along with the old denial for the Judge to review. This is usually a bad sign for the claimant.
I doubt the Appeals Council will review a large number of these cases since they are not on appeal before them.
The Appeals Council rarely overturns a Judge’s decision.
The Appeals Council does not usually return the case to the Social Security Judge to review the disability decision.
What do you lose out on if do not appeal?
Back benefits. Those will be forfeited. You may still get some back benefits while you wait for the new decision.
All of this advice changes if your date of last insurance has run out, or if you some major medical treatment with heavy duty restrictions.
In other words, if you have questions about your denial feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.