Sample Notice of Appeals Council Action: Denial
If you've appealed your Social Security case all the way to the appeals council, one of the worst things you'd want to receive in the mail is an action letter stating that they will not even review you case. If you receive a letter like this, and you haven't already engaged an attorney or non-attorney representative, now may be the time to do so.
Refer To: TAHB
Office of Hearings and Appeals
5107 Leesburg Pike
Falls Church, VA 22041
March 1, 2004
NOTICE OF APPEALS COUNCIL ACTION
1234 some street
Sometown, NC 28965
This is about your request for review of the Administrative Law Judge's decision date June 4, 2004.
We Have Denied Your Request For Review
We found no reason under our rules to review the Administrative Law Judge's decision. Therefore, we have denied your request for review.
This means that the Administrative law Judge's decision is the final decision of the Commissioner of Social Security in your case.
Rules We Applied
We applied the laws, regulations, and rulings in effect as of the date we took this action.
Under our rules, we will review your case for any of the following reasons:
- The Administrative Law Judge appears to have abused his or her discretion.
- There is an error of law.
- The decision is not supported by substantial evidence.
- There is a broad policy or procedural issue that may affect the public interest.
- We receive new and material evidence and the decision is contrary to the weight of all the evidence now in the record.
What We Considered
In looking at your case, we considered the evidence listed on the enclosed order of Appeals Council.
We found that this information does not provide a basis for changing the Administrative Law Judge's decision.
If You Disagree With Our Action
If you disagree with our action, you may ask for court review of the Administrative Law Judge's decision by filing a civil action.
If you do not ask for court review, the Administrative Law Judge's decision will be a final decision that can be changed only under special rules.
How To File A Civil Action
You may file a civil action (ask for court review) by filing a complaint in the United States District for the judicial district in which you live. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top of this letter.
You or your representative must deliver copies of your complaint and of the summons issued by the court to the U.S. Attorney for the judicial district where you file your complaint, as provided in rule 4(i) of the Federal Rules of Civil Procedure.
You or your representative must also send copies of the complaint and summons, by certified or registered mail, to:
Social Security Administration
Room 617 Altmeyer Building
6401 Security Boulevard
Baltimore, MD 21235
Washington, DC 20530
- You have 60 days to file a civil action (ask for court review).
- The 60 days start the day after you receive this letter. We assume you received this letter 5 days after the date on it unless you show us that you did not receive it within the 5-day period.
- If you cannot file for court review within 60 days, you may ask the Appeals Council to extend your time to file. You must have a good reason for waiting more than 60 days to ask for court review. You must make the request in writing and give your reason(s) in the request.