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Oregon Complaint For Judicial Review of Social Security Appeals Council Decision - Improper Legal Standards Applied
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FAQ
A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers). 2.
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.
Error of Law. For the purpose of evaluating a claim before the Social Security Administration, an error of law is generally defined as a misinterpretation, misapplication, or failure to consider or apply pertinent law(s), regulation(s), Social Security Ruling(s), or an applicable Acquiescence Ruling(s).
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
A clerical mistake or a misunderstanding about your qualifications are good reasons to request a reconsideration. State the facts: You can write to someone who you believe can help reconsider your case, but they may not be familiar with the circumstances before you reach out to them.
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%.
What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.