|
Social
Security Disability Guide:
The
Appeals Council
If the Administrative Law Judge's decision
is unfavorable, a review may be requested from the Appeals Council.
This review must be requested within 60 days from the date the
Administrative Law Judge's decision is received. The Appeals Council's address
should be included with the ALJ's decision.
The Appeals Council considers only the written record.
Additional medical information may be submitted. However,
any additional medical evidence must deal with the time period prior to
the denial. Additional evidence should be submitted with the request
for review, or as soon after as possible. Just send a letter
to the Appeals Council attaching the additional medical evidence and asking that it be made a
part of the record and considered in the case.
It is helpful for the claimant's representative to send
a letter to the Appeals Council, outlining the reasons the
Administrative Law Judge's decision was wrong and why the
Administrative Law Judge should have found the claimant disabled.
The Appeals Council may decide that additional medical
evidence is necessary and send the case back to arrange for additional
medical evidence.
The Appeals Council may send the case back to the
Administrative Law Judge to consider further points. The Appeals
Council may reverse the Administrative Law Judge. Or the Appeals
Council may decide that the ALJ decision was correct.
If the Appeals Council refuses to consider the case, or
upholds the denial, the claimant may appeal to the Federal District Court.
Other information:
JaffyLaw.com:
Other Web Sites:
Forward to Appeal to Federal Court
Back to Social
Security Disability Guide
|