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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.


 

 

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