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Ohio Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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FAQ
At the first appeal stage (reconsideration) about 13% of applications were approved. At a court hearing, which is the second and generally last appeal stage, about 54% of claims were approved. However, the odds of approval also varied greatly by state in 2022.
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.
They worked across 168 Social Security hearing offices and delivered about 322,000 total decisions, with an approval rate of just over 54%. The approval rate for most judges was right around that average figure, but 123 judges approved 75% or more of their cases.
What Percentage of Remanded Disability Cases Are Approved? While statistics vary, you have a 21 to 50 percent chance of getting approved for disability benefits after a remand hearing.
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.
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.
At the national level, judges approved claims in 54% of hearings. But going state by state, approval rates range from a low of 22% in Hawaii to a high of 54% in New Mexico. Looking at individual judges, some approved only 10% of cases while others approved over 90% of cases.
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.