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WHAT IS THE APPEALS COUNCIL (AC)?

Sometimes, claimants in the Social Security disability process will encounter action by the Appeals Council (AC). This is a group of judges headquartered in Falls Church, Virginia.  They review decisions made by Administrative Law Judges.

The Appeals Council represents the third tier appeal of a disability claim.

  • APPLICATION DENIED:  GOES TO RECONSIDERATION
  • RECONSIDERATION DENIED:  GOES TO ADMINISTRATIVE LAW JUDGE (ALJ)
  • ALJ DENIES:  GOES TO APPEALS COUNCIL
  • APPEALS COUNCIL DENIES:  MAY GO TO FEDERAL DISTRICT COURT
The Appeals Council may review a decision of a lower body on appeal by the claimant, or on its own motion.  This means the Council may decide on its own to review a decision, favorable or unfavorable, anytime it wants to--whether or not the claimant has requested it to do so.

The most common action by the AC is a remand, returning the case to the judge who made the decision, pointing out problems of law and asking for a new hearing.  When this happens, the judge will schedule a new hearing.

At the new hearing, the judge will address the concerns of the appeals council and, after the hearing is concluded, issue a new decision.

Neither the claimant or his representative appears before the Appeals Council.  The council's review is a document review, with neither the claimant or attorney present.  The claimant or his representative may submit new evidence or comments in writing, however.

It usually takes about 12 months for the Appeals Council to complete their review of a case.







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