Broward Florida Complaint For Judicial Review of Social Security Decision by Administrative Law Judge

State:
Multi-State
County:
Broward
Control #:
US-000268
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FAQ

Can an ALJ Decision Be Overturned? The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council.

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

Their decisions are based on their review of your administrative record and the testimony and evidence presented at the hearing. An ALJ's decision is not to be influenced by the fact that your case was denied at the time of your initial application and on reconsideration.

What does Notice of Decision - Unfavorable mean? This decision finds that you are not disabled and never were disabled according to Social Security laws, regulations, and rules.

If you have been approved for Social Security Disability Insurance (SSDI) benefits, you may be wondering, can a fully favorable decision be reversed? Unfortunately, the answer is yes.

If no exceptions are filed, the judge's order becomes the order of the Board. An administrative law judge's decision is not binding legal precedent in other cases unless it has been adopted by the Board on review of exceptions; these judges function much like trial court judges hearing a case without a jury.

At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.

If the Appeals Council decides that the ALJ incorrectly decided your case, one of two things will happen: the Appeals Council will send the case back to the ALJ to reconsider (called "remanding" the case) or the Appeals Council will decide the case themselves.

You may appeal an unfavorable decision to the Appeals Council. Many cases that were initially ruled as unfavorable by an ALJ have been overturned either by the Appeals Council, a Federal Court, or by another ALJ.

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Broward Florida Complaint For Judicial Review of Social Security Decision by Administrative Law Judge