What Happens if the Administrative Law Judge Denies Benefits

If the Administrative Law Judge denies Social Security disability benefits, there are still alternatives. Within 60 days after the decision, a review of the case can be requested from the Appeals Council. The case is referred to an appeals judge who reviews the administrative judge's decision. The Appeals Council can overturn the decision and award benefits directly. However, the Council can also return the case to the administrative judge with a series of specific instructions. Both alternatives represent a victory for the claimant. Once the administrative judge receives "instructions" it is more difficult to deny the case, even though it could happen.

However, the Appeals Council can confirm the decision denying benefits. This is not the end. Within 60 days a review can be requested in the Federal Court. Not many lawyers are willing to take the case all the way to Federal Court. We assure you that at Fuentes & Fuentes if the case is meritorious we will take it to the Federal Court! No new hearing is held in the Federal Court. The entire process is through motions.

Although our attorneys only charge fees for winning the case, taking a case to Federal Court has certain independent costs. Don't worry too much. Our motto is "Social Security within reach".

Contact us for a free, no-obligation consultation. We will help you request a review if you qualify.