The last thing you want to hear after developing a disability is a denied Supplemental Security Income (SSI) claim from the Appeals Council. Receiving a denial at this phase can be disheartening, but it is not yet the end of your appeals process. You still have another option to fight for the benefits you need.
Revisit the appeals process
Because the Appeals Council assesses whether the judge made an error, it is easy to think that there is no chance left for reconsideration. However, according to the Social Security Administration’s (SSA) policies, you have a deadline to take action. Starting from the date you received the notice, you must file a civil lawsuit in a federal district court no later than 60 days. The SSA presumes you received the letter five days after the date printed on it.
Deciding before taking action
A federal SSI appeal is complex because you cannot present new evidence in court. The judge reviews the case based on the administrative record developed during earlier hearings. While you generally cannot submit new evidence to the federal judge for immediate consideration, a court may send the case back to the SSA to consider new evidence if you show good cause for why you did not submit it earlier.
Considering submitting a new SSI application
Another pathway you can consider is to reapply for a new SSI claim. This allows you to add recent medical records and diagnoses, giving you a clean slate to work on. However, the onset date for benefits will reset to the date of your new application.
Seeking legal counsel to learn more about your options
Appealing a denied SSI claim in federal district court can be daunting. Unlike administrative hearings, you have to abide by strict procedural rules that are overwhelming to navigate by yourself.
Because SSI claims require caution, seek legal guidance. Have an experienced attorney in New Jersey review your case and ask questions about what you can do.
