Can You Submit More Evidence After a Judge Denies Your Social Security Disability case?

ByChristopher Le

Receiving a denial from an Administrative Law Judge (ALJ) in a Social Security Disability case can be a disheartening experience. However, it’s essential to understand that this isn’t necessarily the end of the road. You may wonder if you can submit more evidence after an ALJ has made a decision. In this blog, we’ll explore the possibility of submitting additional evidence and the procedures involved.

Understanding the Social Security Disability Appeals Process

When your Social Security Disability claim is denied by the ALJ, you have the option to appeal the decision. The appeal process typically involves several levels, including the Appeals Council and, if necessary, federal court. During these stages, you may have the opportunity to present additional evidence to support your case. 

Can You Submit More Evidence After the ALJ Decision?

Yes, you can submit more evidence after an ALJ denies your Social Security Disability case. The ability to introduce additional evidence is crucial, as it allows you to strengthen your case and address any concerns or gaps in your initial application.

 

Submitting evidence after an ALJ decision typically occurs at the Appeals Council stage. Here’s how the process works:

  1. Request for Review: You must file a Request for Review with the Appeals Council. This request is typically submitted within 60 days of receiving the ALJ’s decision.

  2. New and Material Evidence: To successfully introduce additional evidence, it must be “new and material.” New evidence means it was not previously available or presented during the earlier stages of your case. Material evidence is evidence that is relevant to your disability and can affect the outcome of your claim.

  3. Explain Why the Evidence Was Not Presented Earlier: Along with the new evidence, you should provide an explanation of why this evidence was not presented at the ALJ hearing. This explanation is crucial in demonstrating that the evidence is genuinely new and not just an attempt to reopen the case.

  4. Review by the Appeals Council: The Appeals Council will review your case, including the new evidence and your reasons for submitting it. They will assess whether the evidence is indeed new and material and if it could change the ALJ’s decision.

  5. Decision by the Appeals Council: The Appeals Council can do one of three things: grant your request for review, deny it, or remand your case back to the ALJ for further consideration. If they grant your request, they may overturn the ALJ’s decision and award you benefits.

It’s important to note that the process of submitting additional evidence is complex and should ideally be handled by an experienced attorney. They can guide you through the nuances of the appeals process and help ensure that your case is presented effectively.

While receiving a denial from an Administrative Law Judge in a Social Security Disability case can be disheartening, it’s not the end of the road. You have the option to submit more evidence during the appeals process, specifically at the Appeals Council stage. The key is to provide new and material evidence and a compelling explanation for why it wasn’t presented earlier. Working with an experienced attorney can greatly improve your chances of success during this stage of the process.

If you’re facing a denial and considering submitting more evidence, it’s crucial to consult with a knowledgeable attorney who specializes in Social Security Disability cases. They can help you navigate the complex process, build a stronger case, and maximize your chances of a successful outcome. Remember, persistence and legal expertise can make a significant difference in securing the benefits you deserve.

Christopher Le is the Founder of the Law Offices of Christopher Le. Born and raised in San Antonio, Texas, he became the first Vietnamese American in his family to become an Attorney. He takes pride in representing the working person against big insurance companies and feels that our system of justice guarantees equal rights to all citizens. He also fights for those who are no longer able to work due to a disabling condition file for social security disability benefits. Christopher comes from a hard working family who came to the United States with very little.