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Appeals Council & Federal Court Options to Appeal an Administrative Law Judge’s Decision in a Social Security Disability Case

Posted by Louis B. Lusk | Aug 07, 2014 | 0 Comments

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 Atlanta disability lawyerafter 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.

About the Author

Louis B. Lusk

About Louis B. Lusk – Disability Attorney Attorney Louis B. Lusk has helped thousands of disabled individuals recover Social Security disability and SSI disability benefits.  He is an active member of the National Organization of Social Security Claimant's Representatives (NOSSCR), an organizat...

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If you have been turned down for Social Security disability call me at 1 (800) 501-5416.  I look forward to hearing from you.

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