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Vermont Complaint For Judicial Review of Erroneous Social Security Appeals Council Decision
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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.
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.
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.
The Administrative Law Judge (ALJ) will use the information from your case to make a decision. ALJs can use the expertise of Medical Experts and Vocational Experts to help decide your case. Medical Experts (ME) are doctors who review all of the medical records in your application before the 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.
How to Request a Review by the Appeals Council. The request must be made in writing and filed with the Appeals Council within 60 calendar days after receipt of the ALJ's or attorney adjudicator's decision.
Once you have filed an appeal, you may receive a letter stating that you have an ?appeal under review.? This is a point in the SSA's decision-making process that is neither good nor bad, but rather it means that your case is being reviewed to ensure that the decision on your eligibility for benefits was made correctly.
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.
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.
