If a Social Security Judge rules against me what should I do?
If you have a hearing in front of a Social Security Administration (SSA) Administrative Law Judge (ALJ) and receive an Unfavorable Decision you should appeal. The ALJ decision will explain how you can appeal to the SSA Appeals Council. There are appeal forms online or at your local SSA office.
Your appeal does not have to be on an appeal form. If you cannot get a form, you can still appeal. The most important thing is to appeal before your deadline passes. You have 60 days to appeal an ALJ decision. If you miss your deadline but you have a very good reason, you can ask the Appeals Council to grant you “good cause” for filing a late appeal. But good cause might not be granted. The best thing to do is to file your appeal on time.
In order to appeal, you need to write the Appeals Council at the address provided in your decision and state you are appealing and why you disagree with the ALJ decision. If you have any helpful medical records that are dated before the date of the ALJ decision that the ALJ did not have send them in with your appeal. You should send your appeal by certified mail so you have proof that it was received. Keep a copy of your decision and a copy of what you file in a safe place. If your address changes before your appeal is decided, be sure to let the Appeals Council know so that they can send you their decision.
While you are waiting for an Appeals Council decision, you can file a new claim if you are still unable to work. You will not get a hearing on the new claim until the Appeals Council decides your first claim but you can start the process. To win your new claim, you will have to show that your condition has worsened since the unfavorable ALJ decision or that you have a new impairment.
The Appeals Council decision will look like a letter. If you lose, the letter will state that they decided not to review the ALJ decision. The letter will also explain that you can appeal to federal court. You have 60 days to file a federal court appeal. Our firm can evaluate your case for a federal appeal. If you are at poverty level we can ask the federal court to waive its filing fee.