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West Virginia Complaint For Judicial Review of Social Security Decision by Administrative Law Judge
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FAQ
A judicial review takes another look at a decision or order made by an administrative body. This review helps make sure the administrative body has been fair, reasonable, and lawful.
Decisions of Administrative Law Judges are binding on the parties in the particular matter but do not have precedential value. They should not be cited or relied on as precedent in any proceeding. Decisions posted here may not be final and may be subject to modification by the Appeals Board and the Courts.
Under the Constitution, courts can make sure administrative decision-makers follow the rules. They do this through a process called ?judicial review.? When a court looks at an administrative decision, it applies a certain ?standard of review.? The standard of review is the legal approach to analyzing the decision.
Who can ask the court to review a decision of the Board? Both the complainant (who is sometimes called an applicant, depending on the type of matter filed with the Board) and the respondent can ask the Federal Court of Appeal to review the Board's decision and file an Application for Judicial Review.
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.
The Social Security Administration's (SSA) administrative appeals operation is one of the largest administrative judicial systems in the world.
When the decision is issued, you will receive a copy in the mail. If you were represented at the hearing, your representative will also be mailed a copy. If approved, your claim will be forwarded to the payment center to calculate what you are owed. You will next receive a Notice of Award.
If your request for hearing is about whether you are disabled, the Administrative Law Judge (ALJ) will focus on your medical condition(s) and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify. For example, the ALJ may call a medical or vocational expert to testify.
Administrative law judges (ALJs) run the hearings. They are neutral judicial officers who conduct hearings and settlement conferences. If you do not win, you can ask the superior court to review the hearing decision.
In Canada, judicial review is the process that allows courts to supervise administrative tribunals' exercise of their statutory powers. Judicial review of administrative action is only available for decisions made by a governmental or quasi-governmental authority.