What if I Lose at the Hearing? Is My Case Over?

   If the Judge concludes that you are not disabled (an unfavorable decision),  or if the Judge finds you disabled, but at a later date than you contend (a  partially favorable decision), you can appeal the decision to the Appeals  Council.

   As is the case with other disability denials, your filing at the Appeals Council must be made within 60 days. Usually, the  Appeals Council will only consider legal challenges to the Judge's decision;  therefore, it is wise to have a lawyer prepare your Appeals Council brief.

   At  Ginsberg Law Offices, we sometimes accept Appeals Council cases from clients who  had another lawyer appear with them at the hearing, but we are very selective.  If you want my firm (or any other firm) to evaluate your Appeals Council case,  do not wait - the earlier we see the case, the better.

   We also sometimes send out our appeals to other lawyers who specialize in Appeals Council brief writing.  As noted previously, if you are denied at your hearing don’t wait to look into filing an appeal

   We also usually recommend that you file a new application at the same time you file your appeal.  This gives you another chance at winning and can protect you if your appeal is denied.  Note, however, that if your appeal of case #1 is denied, the earliest you would be eligible for benefits in case #2 is the day after your unfavorable hearing.

   Every judge has his or her own technique for hearing cases.  Click to learn more about Atlanta Social Security disability local rules and customs.