Thanks for reading our SSD 101 series! Here we explain the basics of SSD so you know the basics of social security disability. Be sure to check out our other articles on SSD topics such as 8 Frequently Asked Questions and a Timeline of Your Case.If you have specific SSD questions be sure to contact our firm. We have a knowledgable team that can answer specifics on your case.
How Does the Appeal Council Review Disability Appeals?
The Appeals Council will review the ALJ's decision along with your entire case file, and any additional evidence that you submit. The Council will look to see if the ALJ committed any legal or procedural errors and whether all of the evidence was properly considered. Upon review, the Appeals Council can perform one of three options:
- Deny the Request for Review (take no action on your case). If this happens, then you will have 60 days to file an appeal in federal district court.
- Remand the case to the ALJ (return the case back to the ALJ for a new decision). This will usually mean you will have another hearing with the ALJ, or
- Issue a new decision and award disability benefits on your case. Remand the Case The Appeals Council can decide that the judge made a technical error or failed to consider some of your medical evidence, resulting in the need for a remand. (a remanded case is one that is sent back for a second ALJ hearing).
Overturn the Denied Claim
The Appeals Council can decide that the judge's decision was completely in error and overturn the decision, resulting in an approval.
How Long Does the Appeals Council Take?
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.
**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**