Skip to main content

WHEN SOCIAL SECURITY DENIALS BECOME FINAL

Social Security denials are seldom final.  They may be  appealed and a better decision may be obtained in the appeal.

However, thee are some instances where disability denials become final.

If any denial is not appealed within 60 days of the denial date, the decision becomes the final decision of the Social Security Administration and it is no longer subject to appeal.

If a case is denied by the Appeals Council and is not appealed, the decision of the administrative law judge becomes the final decision of the Social Security Administration.  

 At the point in time of an Appeals Council denial, a Social Security disability applicant has exhausted their administrative options.  It is important to note that the failure to pursue further appeal of the ALJ denial will result in that decision becoming final under the doctrine of Res Judicata (which means the “matter having been decided”).  Should this take place, it becomes  very difficult, if not impossible, to bring a new claim that would succeed in providing you with benefits prior to date of the ALJ denial.   There are few exceptions to this rule of finality.

A new claim could be filed--if the Date Last Insured permits--but the new claim would only apply to the period AFTER the administrative law judge's denial date.

After a denial (or refusal to hear the case) by the Appeals Council, the only option available is a lawsuit against the Commissioner of Social Security, to be filed in a Federal District Court (FDC).  Appeals must be filed within 60 days of the most recent denial.


 

 

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...
Post a Comment
Read more

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...
Post a Comment
Read more