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.
