If you lose your hearing, DO NOT GIVE UP! I have observed that most cases that are lost are still good cases. Sometimes a client loses because s/he was unrepresented and did not realize that s/he needed the help of a lawyer who could have asked the right questions and acquired necessary evidence. Sometimes a client met with an ALJ who simply did not like the case or the client. Many cases can still be won after losing! The next two steps are Appeals Council Review and Federal District Court Review.

I represent clients who have lost their hearings. If you have lost your hearing and did not have a lawyer, or if the lawyer does not take cases to the Appeals Council or to Federal District Court, please contact me at (503) 620-3171 or at slgabin@pacifier.com for a free in-person consultation.

Appeals Council Review

In my experience about 10-15 percent of claimants lose at hearing. This is unfortunate and often involves a very good claim. The next level of appeal is called Appeals Council Review before an Administrative Law Judge in Falls Church, Virginia, you will never meet. Usually, the Appeals Council only affirms the bad ALJ decision. The Appeals Council refers to this as “Declining Review.” However, when going to the Appeals Council there is still the opportunity to introduce new evidence not available at the time of hearing that helps show you are disabled, and this evidence can be considered at the next level of appeal, Federal District Court Review. When you receive a bad Appeals Council decision, again DO NOT GIVE UP. You still have a good chance of getting relief in Federal District Court. If you do not have a lawyer, contact me. I have years of experience handling appeals after a claimant loses at hearing.

Federal District Court Review

If you continue to lose at the Appeals Council, the next level of appeal is Federal District Court Review. This review takes place before a seated Federal Judge or Magistrate. In my experience, about 50-80 percent of cases that go to Federal District Court are eventually won. If you do not have a lawyer, contact me. I have years of experience representing claimants in Federal Court.

Time Limits

Strict deadlines also apply to your appealing to the Appeals Council and Federal District Court. So call a lawyer right away to avoid missing a deadline and losing a winnable case. Most notices denying a claim contain a 60-day deadline from the day you received the notice.