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Alaska Complaint For Judicial Review of Erroneous Social Security Appeals Council Decision
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FAQ
There are many grounds upon which an ALJ may be reversed. Often, with unrepresented claimants, the claimant will not know what questions to ask, and, as responsive as an ALJ may be to an unrepresented claimant, the judge is not in the best position to know how your case should be presented. So, error can and may occur.
Once the notice of decision is complete, it is reviewed by the judge and then mailed to you from your local Social Security office. Unfortunately, the ALJ does not have a deadline to complete this process. It can take as few as six weeks or may be over six months before the written decision is received.
If you disagree with the Appeals Council's decision, or if the Appeals Council decides not to review your case, your next step is to file a civil suit in a Federal district court.
At the national level, judges approved claims in 54% of hearings. But going state by state, approval rates range from a low of 22% in Hawaii to a high of 54% in New Mexico. Looking at individual judges, some approved only 10% of cases while others approved over 90% of cases.
If you do not agree with the decision or order of an Administrative Law Judge (ALJ) on your claim, you may ask the Appeals Council (AC) to review the ALJ's action. The notice you received will tell you how to appeal the ALJ's decision or order.
Decision writing process. At this point, after considering your evidence and testimony provided at the hearing, the ALJ has decided on your case. You and your attorney will receive a formal written decision in the mail, typically within 60 days.
THE CLAIMANT'S ODDS AT THE APPEALS COUNCIL For example, normally only 2-3% of the cases under review by the Appeals Council are reversed with benefits awarded. Another 14% are sent back to the ALJ for another hearing. The SSA calls this a remand. In the rest of the cases, 83%, are denied review.
The notice of an unfavorable decision means that the ALJ doesn't think that you've met Social Security's definition of disability at any point during the time period your application covers. The judge is required to explain why you're not disabled in a written opinion. Find out if you qualify for SSDI benefits.