The Appeals Council: Your Options After a Hearing Denial
If an administrative law judge denies your disability claim, the Appeals Council is your next step before federal court. The Council does not rehear your case, but it can correct legal or procedural errors in the judge’s decision.
What the Appeals Council Does
The Appeals Council reviews whether the judge applied the law correctly and supported the decision with evidence. It is the third of the four levels of disability appeals. The Council can deny review, decide the case itself, or send it back to a judge for a new hearing.
How to Request Review
You generally have 60 days from the hearing decision to ask the Appeals Council for review. In your request, you can point to specific errors and submit a written argument explaining why the decision was wrong.
Possible Outcomes
The Council can take several actions:
- Deny review, which leaves the judge’s decision in place.
- Reverse the decision and approve your claim.
- Remand the case, sending it back for a new hearing.
- Dismiss the request if it was not filed properly or on time.
What Happens After
If the Appeals Council denies review or issues an unfavorable decision, your final option is to file a lawsuit in federal court. A remand, on the other hand, gives you another hearing where you can present your case again.
The Bottom Line
The Appeals Council checks the judge’s work for legal and evidentiary errors. File within 60 days and focus your argument on specific mistakes. This article is general information and not legal advice. Confirm current procedures with the SSA.
Frequently Asked Questions
Can I submit new evidence to the Appeals Council?
The Council accepts new evidence only in limited circumstances, generally when it relates to the period at issue and there was good reason it was not submitted earlier.
How long does Appeals Council review take?
Review can take many months because of case volume. Timelines vary, so check with the SSA about current processing times.
Sources
- Social Security Administration, Appeals Council Review, SSA.gov
- SSA, The Appeals Process, SSA.gov
- SSA, Hearings and Appeals, SSA.gov