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District of Columbia Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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FAQ
Once you have filed an appeal, you may receive a letter stating that you have an ?appeal under review.? This is a point in the SSA's decision-making process that is neither good nor bad, but rather it means that your case is being reviewed to ensure that the decision on your eligibility for benefits was made correctly.
Misuses all or part of an individual's benefit paid to such representative payee, the Commissioner of Social Security shall pay to the beneficiary or the beneficiary's alternative representative payee an amount equal to the amount of such benefit so misused.
Judicial 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.
The Appeals Council can decide that the judge made a technical error or failed to consider some of your medical evidence. If that happens, the council can remand your case (send it back to the ALJ to reconsider). About 22% of the cases the Appeals Council sees are remanded.
Section 205(j) of the Social Security Act provides that, when the interest of an entitled individual is served thereby, his social security benefits may be paid to a relative or some other person for his use and benefit.
THE 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.
Learn More: Appealing After A Denial StateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows
If you disagree with the Appeals Council's decision, or if the Appeals Council decides not to review your case, your next step is to file a civil suit in a Federal district court.