An appeal goes to Social Security's Appeals Council. Unfortunately, the chances of success at the Appeals Council are quite low. If it happens success generally means that the case gets sent back for another hearing before the same judge. However, once denied by the Appeals Council it is possible to sue Social Security in federal court. The chances of success in federal court are not bad if an attorney can find significant errors in the judge's decision. At this level, it's not so much a question of whether you're disabled as it is a question of whether the judge made mistakes in writing the decision. A win in federal court generally means that the case is sent back for a new hearing before the same judge. The process of taking a case through the Appeals Council and federal court can take more than two years. However, once you get past the Appeals Council, you may be able to file a new claim even if your case also goes to federal court.
If you're not appealing or if you have appealed but the Appeals Council has turned you down you can file a new claim as long as you don't have what's called a "date last insured problem." There are several types of Social Security disability benefits. The most common of these is Disability Insurance Benefits or DIB. To get DIB, in most cases, you have to prove disability within about five years after the last time you worked. If this five year time period has elapsed before you get denied by a Social Security judge, you probably won't be able to get anywhere with a new claim for DIB. They'll say that it's a matter that's been adjudicated finally. However, SSI may still be available. A new claim currently takes two to three years.
I'm sorry if this sounds complicated but this is about as simple as I can make it. This is why you need to hire an attorney.
If you're in NC and want help with your Social Security disability claim, call Hall & Rouse, P.C. at 1-866-425-5347
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