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New Mexico Complaint For Judicial Review of Erroneous Social Security Appeals Council Decision
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FAQ
The Appeals Council can decide that the judge made a technical error or failed to consider some of your medical evidence. If that happens, the council can remand your case (send it back to the ALJ to reconsider). About 22% of the cases the Appeals Council sees are remanded.
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.
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.
A reconsideration appeal can usually be decided in as little as four weeks or as long as twelve weeks; whereas an application for disability can take as long as six months (usually, if it takes this long it is due to difficulties in procuring medical records from various doctors and other medical providers).
(b) Examples of circumstances where good cause may exist include, but are not limited to, the following situations: (1) You were seriously ill and were prevented from contacting us in person, in writing, or through a friend, relative, or other person. (2) There was a death or serious illness in your immediate family.
Revocation of a Representative's Appointment You must sign and date your revocation and file it with us either in-person at your local field office, mail it, or fax it to us. You should also tell your representative. Once you revoke the appointment, we will no longer deal with the named representative.
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.