If Your Claim is Denied at the Hearing: Further Appeals

June 07,2011
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If you are denied at the hearing stage, we can appeal your case to the Appeals Council of the Social Security Administration within 60 days of the date the decision is received. At Hermann Law Group, our goal is to prevail at the earlier stages of your claim, because the chances for success at the Appeals Council level are quite low.


The Appeals Council can overturn the Judge’s decision and award benefits, or restore the matter for another hearing. However, they uphold the Judge’s decision about 75% of the time. Compare that to the success level at the Hearing stage and you can see that you do not want your case to ever get this far!

If the Judge’s decision is upheld, the next level of appeal is to the Federal District Court. The Federal District Court cannot accept any new evidence; therefore, we will appeal cases to the Federal District Court only if we feel there is merit to the appeal and we can identify a significant error of law in the decision. Again, the decision must be appealed within 60 days, and the Federal Court can either uphold the prior decision, completely overturn it, or direct that a new hearing be held.

Click here to continue on to The Approval.