Can I Appeal a Judge’s Denial of My Claim?

by Lisa on March 2, 2011

You are permitted to appeal the judge’s decision of your Social Security disability Supplemental Security Income claims within 60 days of the written denial letter for any of the following reasons:

  1. There appears to be an abuse of discretion by the administrative law judge
  2. There is an error of law
  3. The action, findings or conclusions of the administrative law judge are not supported by substantial evidence
  4. There is a broad policy or procedural issue that may affect the general public interest

See CFR 404.970(a).

Keep in mind that any request for review of your disability claim that is brought to the Appeals Council level will take approximately three years to be addressed.  About 25% of all Social Security disability claim appeals are reviewed at this level and 75% are rejected.  First and foremost, I recommend that you speak with a skilled Social Security disability representative to determine if you have an appealable claim.  If the representative advises you that the evidence in support of your claim was not strong enough, that your testimony was inadequate and/or that there are no appealable issues, then you may opt to file an entirely new claim.  However if you do this, your first disability claim will end and you will be giving up your right to win all or some of the potential back benefits that you would have been entitled to under the first claim.

Comments on this entry are closed.

Previous post:

Next post: