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Alaska Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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Hear this out loud PauseJudicial review. (a) General. A claimant may obtain judicial review of a decision by an administrative law judge or administrative appeals judge if the Appeals Council has denied the claimant's request for review, or of a decision by the Appeals Council when that is the final decision of the Commissioner.
Hear this out loud PauseTHE CLAIMANT'S ODDS AT THE APPEALS COUNCIL For example, normally only 2-3% of the cases under review by the Appeals Council are reversed with benefits awarded. Another 14% are sent back to the ALJ for another hearing. The SSA calls this a remand. In the rest of the cases, 83%, are denied review.
Hear this out loud PauseThere are many grounds upon which an ALJ may be reversed. Often, with unrepresented claimants, the claimant will not know what questions to ask, and, as responsive as an ALJ may be to an unrepresented claimant, the judge is not in the best position to know how your case should be presented. So, error can and may occur.
Once the notice of decision is complete, it is reviewed by the judge and then mailed to you from your local Social Security office. Unfortunately, the ALJ does not have a deadline to complete this process. It can take as few as six weeks or may be over six months before the written decision is received.
The doctrine of judicial review holds that the courts are vested with the authority to determine the legitimacy of the acts of the executive and the legislative branches of government. The State as well as Federal courts are bound to render decisions ing to the principles of the Federal Constitution.
The administrative law judge shall issue a written decision which gives the findings of fact and the reasons for the decision. The administrative law judge must base the decision on the preponderance of the evidence offered at the hearing or otherwise included in the record.
When it comes to legal disputes, the courts are the final deciders of what the Constitution means. This authority ? known as judicial review ? gives the Supreme Court and federal courts the authority to interpret the Constitution.