But what if the ALJ presiding over the hearing also rules against you? What then? Well, there’s still a possibility that you can get another appeal, but you have to show the Appeals Council that you have what’s known as “new and material evidence.”
How does the SSA define “new and material evidence”? There are three criteria that such evidence needs to meet:
- It wasn’t entered into the record when the ALJ made his or her decision.
- It is relevant to the issues that the ALJ based their decision on.
- Either the evidence itself is dated before the ALJ’s decision or it is dated after the decision but relates to the period of time the ALJ was adjudicating. For example, you could receive documentation from a physician that was dated after the judge’s decision was final but which relates to the time period leading up to the decision.
Is There Evidence That Won’t Be Considered?
In short – yes. Generally speaking, you can pretty easily tell what evidence will and won’t be considered by following the three criteria listed above, but there are also examples provided in the HALLEX provisions. These include but are not limited to:
- In a title II disability insurance benefits claim, a condition that gets worse after a “date last insured” (DLI) expires.
- In a widow or widowers insurance benefits claim that’s due to a disability, a condition that gets worse after the final day of the prescribed period.
- In a child’s insurance benefits disability claim, a condition that gets worse after the claimant reaches the age of 22.
- A condition that gets worse or a new condition that begins after the ALJ has already made his or her decision.
For a free legal consultation, call 800-562-9830
If you’re considering filing a claim for disability, you probably have lots of Social Security material evidence questions. We’ve tried to answer many of the most common ones in our free Social Security Disability eBook. Also, make sure you know all the latest news in Social Security by following our weekly blog. Call us toll free or arrange for a free case evaluation with a Social Security Disability lawyers.
Call or text 800-562-9830 or complete a Free Case Evaluation form
