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APPEALS COUNCILSocial Security Disability Definitions |
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APPEALS COUNCILSocial Security Disability Definitions |
This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning. |
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The Appeals Council comprises the third step in the Social Security Disability system's appeal process.
This rung in the process is different from the others in that it's purpose is not to evaluate the merits of a case, but, rather, to determine if the Administrative Law Judge who denied the claim was in error.  In most instances, an appeal sent to the Appeals Council will simply result in a letter mailed to a claimant that states "the request for review (of the administrative law judge's decision) has been denied". This, of course, translates as a denial. However, there are many instances in which the Appeals Council may conduct a thorough review of the ALJ hearing proceedings and do one of the following: 1) decide that the judge made a technical error or failed to consider medical evidence, resulting in the need for a remand (a remanded case is one that is sent back for a second hearing). or 2) decide that the judge's decision was completely in error and overturn the decision---resulting in an approval. How long does an appeal take once it has been sent to the Appeals Council? As with every other step of the disability process, there is no way to know. Sometimes, cases wait as long as 18-24 months for a decision of some kind to be made. Other times, Appeals Council decisions can be made in as little as three months. Does an appeal to the Appeals Council require a lawyer? No, this type of appeal may be requested by a claimant, though typically it will be done by an attorney or representative. Social Security Disability and SSI Information |
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