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Georgia Complaint For Judicial Review of Erroneous Social Security Appeals Council Decision
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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.
Go to .ssa.gov/apply/appeal-application-decision/request-review-hearing-decision to complete an online request for Appeals Council review. You (or your representative) must ask for an Appeals Council review within 60 days after you get the hearing decision.
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.
Further held, absent a constitutional challenge, section 205(g) of the Social Security Act, which provides that an individual may seek judicial review of any final decision made after a hearing, does not authorize judicial review of a decision denying a petition to reopen a prior final decision of the agency, as the ...
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.
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.