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Kentucky Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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FAQ
Whether you filed your appeal online, by mail, or in an office, you can check the status of your appeal using your personal my Social Security account. A personal my Social Security account is an easy, convenient, and secure way to do business with us.
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
Based on 2023 SSA data, it takes an average of 22 months (just under two years) from the time you appeal an initial denial until you get a final decision. Getting an initial SSDI or SSI decision takes about six months, on average.
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 levels of administrative review are the reconsideration, Administrative Law Judge (ALJ) hearing, and Appeals Council (AC) review. The AC review ends the administrative review process. If an individual is still dissatisfied, he may request judicial review which is done by filing an action in Federal court.
(b) Examples of circumstances where good cause may exist include, but are not limited to, the following situations: (1) You were seriously ill and were prevented from contacting us in person, in writing, or through a friend, relative, or other person. (2) There was a death or serious illness in your immediate family.
Sending an ?appeal under review? letter after the submission of an appeal is the SSA's way of letting you know that your claim is being addressed. Your case and the decision made by SSA staff members are re-evaluated to see if your SSDI denial was warranted.