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Claimants who get denied by an Administrative Law Judge at a disability hearing have the option of appealing this denial. This is accomplished by sending a request for review of the judge's decision to the appeal's council.
The appeals council may find that the judge erred (for example, by failing to consider medical evidence or by making a technical error in the application of the medical/vocational rules) and, as a result, may remand the case for a second hearing or overturn the judge's decision. Or, the appeals council may simply deny the request for review. In any case, however, a pending action at the appeals council level may take many months to complete. And, unfortunately, a claimant, as well as his or her representative, can have no way of knowing how long a case will remain "stuck" at the appeals council. Fortunately, claimants for social security disability or ssi have the option of filing a new claim for disability and having this claim processed while their appeals council case is pending. In many instances, a disability claimant will actually be able to repeat the entire application and appeals process before the appeals council eventually responds. Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 4 |
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