Social Security Disability Appeals Council Reviews
You Need Proven Experience. We’ve Handled over 10,000 Appeals Council Cases.
You were denied Social Security Disability benefits, so you appealed the decision. Upon reconsideration, Social Security denied you again. Then you went to an in-person hearing with an administrative law judge (ALJ). Denied again!
The next step is to appeal your case to Social Security’s Appeals Council.
You know winning benefits would make a major difference in your life when you can’t work because of health problems. You don’t want to take any chances with your next appeal.
Work with the Olinsky Law Group. Many other attorneys and disability advocates send their clients to us when it’s time to take their cases to the Appeals Council. We’re here for you, too.
What Happens in Your Appeals Council Review?
First off, when you receive a denial from a Social Security administrative law judge, don’t wait to appeal.
You have 60 days to file an appeal before the Appeals Council.
Then your case file goes to the members of the council, which is based in the Baltimore, Md., for them to review.
You won’t actually see anyone at the Appeals Council in person during this process. The council decides cases behind closed doors based on written arguments.
The council specifically looks at whether the administrative law judge made an error in your claim by applying the law incorrectly.
You could get three possible results from the Appeals Council:
- They decline to review your case, which essentially means a denial and an additional appeal to federal court.
- They approve your disability claim and award benefits, which is rare but possible.
- They send the case back to the ALJ with instructions for a new hearing and decision. This is a result you’ll want to get.
Olinsky Law Group attorneys have extensive experience requesting the Appeals Council to overturn judges’ decisions. In fact, we’ve handled more than 10,000 Appeals Council cases.
What Does a Lawyer Do for Your Appeals Council Review?
Social Security has its own separate legal system for deciding disability cases.
Because the Appeals Council focuses on finding errors by the judge, you want a lawyer who regularly works with these cases and knows this system, the law and the regulations.
Your lawyer knows how to spot errors and point them out to the council.
What Happens Next?
It can take a long time to get an answer from the Appeals Council—18 months or more. If you’re denied again, it’s extremely discouraging.
By now, you’ve been through the ringer, possibly too sick or injured to work for years. Your life has drastically changed. In order to make ends meet, you might have moved in with extended family or your adult children, downsized your apartment or home and maxed out credit cards.
You paid into the Social Security system and don’t understand why the government won’t approve your monthly disability checks when you need them.
But your fight for benefits still isn’t over.
You can file a lawsuit against Social Security in Federal District Court. That’s your final step in Social Security Disability appeals.
You can file a case in Federal Court by yourself, but it’s always better to have a lawyer who is admitted to practice in Federal Court and who does Social Security cases regularly.
At Olinsky Law Group, Disability Law is all we do!
We’re one of the largest filers of Social Security Disability appeals in the Federal Courts.