Skip to main content

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.







Comments

Post a Comment

Popular posts from this blog

HOW TO PRESENT YOUR DISABILIT CLAIM AT HEARING

  When you take your Social Security disability claim to hearing before a judge, there are 3 legal approaches you may try.  Not all approaches are available to every claimant.  Much depends on your age, past relevant work, education and residual functional capacity (restrictions).   Here are the 3 possible ways to be approved: 1.  Prove that you meet or equal a Listing.  Listings are specific medical impairments along with severe symptoms which Social Security will approve and pay automatically.  It isn't enough to be diagnosed with one of these conditions, you must also meet the severity of symptoms shown for each impairment. Only an approved medical source, such as a medical doctor of licensedf clinical psychologist, can certify that you meet a listing.   Note:  Most claimants who qualify for benefits will not meet a Listing.  Before you try to use this approach, become familiar with the Listings in Social Security's Blue Book at ...
Post a Comment
Read more

SOCIAL SECURITY PAY INCREASE FOR 2025

  Social Security benefits will increase by 2.5 percent or an average of about $48 per month in 2025.   The Social Security Administration announced the COLA increase on October 10, 2024 which will take effect in January, 2025. The Part B Medicare premium (the part you pay for Medicare) also increased from $174.20 for most beneficiaries to $185 per month. I find it interesting that the government increased the Medicare premium 5.9 percent for 2025 but only gave recipients a 2.5 percent increase in benefits. If you or someone you love needs Social Security disability (SSDI) benefits, contact Charles W. Forsythe at the Forsythe Firm in Huntsville, AL.  I have helped thousands of claimants get approved in the "dumpster fire" process known as Social Security disability.   We charge no fee for consultations or case evaluations.  You will never pay us a fee until after you are approved and received your lump sum past due benefits. Our fees are controlled by the S...
Post a Comment
Read more

THE 5-STEP SEQUENTIAL PROCESS FOR DISABILITYU

Social Security uses a sequential 5-Step process to decide who is disabled. "Sequential" means that each step must be considered in order.  At each step, you may be approved or denied.  Here are the Steps: STEP 1:  Are you now gainfully employed?   If Yes, you are denied and the case closes.  If No, move to Step 2. STEP 2:  Do you have a qualifying severe impairment? If No, you are denied and the case closes.  If Yes, move to Step 3. STEP 3:  Do you meet one of Social Security's Listings? If Yes, you are approved and the process closes.  If No, move to Step 4. STEP 4:  Can you perform any of your past relevant work? If Yes, you are denied and the process closes.  If No, move to Step 5. STEP 5:  Are you able to perform any other job which exists in "significant numbers" in the U.S. economy? If Yes, you are denied.  If no, you are probably approved. Note:  The claimant's age plays a huge part in Steps 4 and 5....
Post a Comment
Read more