Appeals Council & Federal Court Options to Appeal an Administrative Law Judge's Decision in a Social Security Disability Case
Clients of an Atlanta disability lawyer often ask if there is any recourse after receiving a decision that is unfavorable.
An Atlanta Disability Attorney Will Explain the Options After an Unfavorable Decision
It is possible that your attorney can ask for the decision to be reviewed by the Appeals Council. This council is located in Falls Church, Virginia. They have the right to refuse to conduct a review of the administrative law judge's decision. If that happens, the ALJ's decision will be considered final from the Commissioner of Social Security. It is also possible that the case will be reviewed by the Appeals Council. They can do any number of things with the case including affirming it, modifying it, reversing it or remanding it to be heard again. Evidence can be added to the case when it is heard by the Appeals Council. It must stem from before the ALJ made a decision. The Appeals Council will generally review the record without the claimant or claimant's attorney appearing. The claimant is allowed to ask to appear, but it almost never happens.
How the Federal Court Can Be Useful
If approaching the Appeals Council fails, another option is to file a civil suit in District Court. This must be in the location where you reside. The court can do the same things as the Appeals Council in altering, affirming or reversing the decision. It might be remanded to be reheard.
If the case is affirmed by the U.S. District Court, it is possible to file an appeal with the United States Court of Appeals. If that is denied, it can be filed with the U.S. Supreme Court. This is known as a petition for certiorari. It is uncommon that the Supreme Court will agree to hear the case.
Contact an Experienced Atlanta Disability Lawyer
If you have questions about your options in appealing decisions in your case, an Atlanta disability attorney can help. Call Louis Lusk at 404-250-7000 today.