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New York Complaint For Judicial Review of Erroneous Social Security Appeals Council Decision
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The Court may, under the fourth sentence of § 405(g), ?enter a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing.? If the Court remands the cause for a rehearing under this sentence, it is referred to as a ?sentence four? remand.
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 ...
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.
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.
Appeals Council Requests for Review (RRs) are appeals of Administrative Law Judge (ALJ) decisions or dismissals by claimants for Social Security or Supplemental Security Income benefits. The Appeals Council (AC) in the Office of Analytics, Review, and Oversight (OARO) performs these reviews.
