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Nevada Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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Although there is only a 1 in 10 chance that you will win at reconsideration, it is a necessary step in the appeals process and, at the very least, sets the stage for an administrative hearing, where the approval rating increases to roughly 45%.
THE CLAIMANT'S ODDS AT THE APPEALS COUNCIL The reversal rate at the Appeals Council is minimal. 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.
A request for judicial review is an appeal of the agency's administrative decision. The court will look at the record of the administrative proceeding when making its decision.
If your reconsideration is approved, Social Security will contact you to start payments. If you do not agree with the decision made on your reconsideration, you can request an Administrative Law Judge hearing.
Appeal. If a judgment is not in your favour, we may advise that there is merit in appealing to the Court of Appeal. However, like the initial stage of judicial review, this requires permission and carries with it its own costs implications.
The reconsideration is the second phase in the disability determination process and generally takes between one and three months. If you are denied after submitting your initial disability application and file an appeal within 60-days of receiving your denial letter, the next phase is called the reconsideration phase.
