If an Administrative Law Judge (ALJ) denied my claim for Social Security disability, can I appeal his decision?
Yes, a claimant is able to appeal the ALJ’s unfavorable decision. If you disagree with the decision made by the ALJ, you will ask for a review of your claim by the Appeals Council. The Appeals Council will review your claim and will decide if the ALJ’s decision was correct or not. The Appeals Council may decide your claim or may have another ALJ review your claim.
Indiana disability claimants may find themselves on the short end of the stick when attempting to win at the Appeals Council level. When reviewing an Administrative Law Judge’s unfavorable decision, it may be difficult to find clear cut errors. Many Administrative Law Judges have been deciding Social Security disability cases for a very long time, and know how to make a “tight” decision that is difficult to appeal successfully.
Many Indiana Social Security disability attorneys do not handle disability cases at the Appeals Council level unless the unfavorable decision is clearly erroneous. Simply appealing unfavorable disability rulings to see if the lawyer and claimant may “get lucky” is probably not worth the time spent on the matter.
Indiana disability claimants finding themselves with an unfavorable decision may or may not receive a different result by refiling the disability claim and hoping for a more understanding Administrative Law Judge. It should be noted, other factors do exist in a client’s decision to refile as in a client’s date last insured date and other variables. Indiana residents with questions as to what to do in this instance should contact a lawyer, representative or the Social Security Administration.