RScordamaglia

The Post Hearing Process – Request for Review – Appeals Council

The Appeals Council comprises the third step in the Social Security Disability system's appeal process. This step in the process is different from the other steps before it in that it's purpose is not to evaluate the merits of a case, but, rather, to determine if the Administrative Law Judge who denied the claim was in error.

The Appeals Council review process generally begins after an application for benefits has been denied at the initial, reconsideration, and hearing levels. If you disagree with the decision of the Administrative Law Judge, you may file a request for review with the Appeals Council.

The Appeals Council is made up of approximately 34 Administrative Appeals Judges and 27 Appeals Officers, who must review and sign each final action. The Council receives about 96,000 requests for review each year and has a current pending workload of 53,163 requests for review (September 2007). The Council must give each of these cases proper consideration. (ssa.gov)

Currently, the average processing time for a request for review is about 24 -30 months from the date the request is filed until the Appeals Council releases its final action. Any case pending more than 30 months will be considered for expedited processing. (ssa.gov)

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. In counting the 60 days, it is presumed that you receive the notice five days after we mail it unless you can show that you received it later. 
 If you are unable to meet this deadline, explain your reasons for missing it in your request. 


If you do not appeal on time, the Administrative Appeals Judge may dismiss your appeal. This means that you may not be eligible for the next step in the appeal process and that you may also lose your right to any further review. 


Submit any additional evidence and/or comments you have with the request for review, if possible. 
 Either the claimant or their representative should make requests for duplicate hearing tapes and exhibits only if you really need these items in your case.


You must have a good reason if you wait more than 60 days to request an appeal. If you file an appeal after the deadline, you must explain the reason you are late and request that Social Security Administration extend the time limit. The Appeals Council will consider your request and decide whether to extend the time limit.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an Administrative Law Judge for further review. When the Appeals Council reviews your case it may consider any of the issues considered by the Administrative Law Judge, including those issues that were favorably decided in your case. You will receive a copy of the Appeals Council's final action on your case.

In most instances, an appeal sent to the Appeals Council will simply result in a letter mailed to a claimant that states "the request for review (of the administrative law judge's decision) has been denied". This, of course, translates as a denial.

However, there are many instances in which the Appeals Council may conduct a thorough review of the ALJ hearing proceedings and do one of the following:

1) Decides that the judge made a technical error or failed to consider medical evidence, resulting in the need for a remand.

or

2) Decides that the judge's decision was completely in error and overturns the decision---resulting in an approval.

A good attorney or representative should write a brief to the appeals council and point out the areas where the ALJ has made reversible mistakes. The arguments that can be made to get a decision reversed or remanded are numerous and differ from case to case. A good argument to make in your brief is that the Administrative Law Judges decision was not supported by substantial evidence. This basically means that the ALJ’s decision was not supported by the medical evidence in the file.

If you disagree with the Appeals Council's decision not to review your case or if your appeal was denied, you may then file a civil suit in the federal district court. You must commence this civil action by filing a complaint in the United States District Court for the judicial district in which you reside within sixty (60) days from the date you receive the Appeals Council's notice. The Social Security Administration assumes that you received the notice five (5) days after the date on it, unless you can show them that you received it later. The complaint should name the Commissioner of Social Security as the defendant and should include the Social Security number(s) shown at the top of your denial notice.

To file this civil action, the claimant must either represent themselves (Pro Se) or hire an attorney. A non-attorney representative cannot represent the claimant at this level or above. References

Social Security Administration Representative Web site located at http://www.ssa.gov/representation/ last accessed on September 19, 2008

Social Security Administration Web Site – Hearings and appeals questions– located http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_alp.php?p_sid=ddZL3ZRi&p_lva=&p_li=&p_accessibility=0&p_redirect=&p_page=1&p_cv=2.135&p_pv=&p_prods=&p_cats=50,135&p_hidden_prods=&cat_lvl1=50&cat_lvl2=135&p_search_text=&srch_btn_submit= Searchttp://ssa-custhelp.ss last accessed on September 21, 2008

Wolfe, J.S. and Proszek, L.B. (2003). Social Security Disability and the Professional. Clifton Park, New York: Thomson Delmar Learning RScordamaglia (talk) 00:30, 5 May 2009 (UTC)Rosemarie Scordamaglia

Welcome to Wikipedia

Welcome!

Hello, RScordamaglia, and welcome to Wikipedia! Thank you for your contributions. I hope you like the place and decide to stay. Here are some pages that you might find helpful:

• The five pillars of Wikipedia
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I hope you enjoy editing here and being a Wikipedian! Please sign your messages on discussion pages using four tildes (~~~~); this will automatically insert your username and the date. If you need help, check out Wikipedia:Questions, ask me on my talk page, or ask your question on this page and then place {{helpme}} before the question. Again, welcome! RScordamaglia (talk) 00:40, 5 May 2009 (UTC)

Welcome

Welcome!
Hello and welcome to Wikipedia. Thank you for your contributions. I hope you like the place and decide to stay. The following links will help you begin editing on Wikipedia:

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The Wikipedia Tutorial is a good place to start learning about Wikipedia. If you have any questions, see the help pages, add a question to the village pump or ask me on my talk page. By the way, you can sign your name on Talk and discussion pages using four tildes, like this: ~~~~ (the software will replace them with your signature and the date). Again, welcome! RScordamaglia (talk) 00:41, 5 May 2009 (UTC)

WP:Hornbook -- a new WP:Law task force for the J.D. curriculum

Hi RScordamaglia,

I'm asking Wikipedians who are interested in United States legal articles to take a look at WP:Hornbook, the new "JD curriculum task force".

Our mission is to assimilate into Wikipedia all the insights of an American law school education, by reducing hornbooks to footnotes.

• Each casebook will have a subpage.

• Over the course of a semester, each subpage will shift its focus to track the unfolding curriculum(s) for classes using that casebook around the country.
• It will also feature an extensive, hyperlinked "index" or "outline" to that casebook, pointing to pages, headers, or {{anchors}} in Wikipedia (example).
• Individual law schools can freely adapt our casebook outlines to the idiosyncratic curriculum devised by each individual professor.

• I'm encouraging law students around the country to create local chapters of the club I'm starting at my own law school, "Student WP:Hornbook Editors". Using WP:Hornbook as our headquarters, we're hoping to create a study group so inclusive that nobody will dare not join.

What you can do now:

1. Add WP:Hornbook to your watchlist, {{User Hornbook}} to your userpage, and ~~~~ to Wikipedia:Hornbook/participants.

2. If you're a law student,

• Email http://en.wikipedia.org/wiki/WP:Hornbook to your classmates, and tell them to do the same.
• Contact me directly via talk page or email about coordinating a chapter of "Student WP:Hornbook Editors" at your own school.

(You don't have to start the club, or even be involved in it; just help direct me to someone who might.)

3. Introduce yourself to me. Law editors on Wikipedia are a scarce commodity. Do knock on my talk page if there's an article you'd like help on.

Regards, Andrew Gradman ^talk/_WP:Hornbook 04:20, 4 August 2009 (UTC)