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By Chad H on Tuesday , May 6th , 2014 in / No Comments
If the decision from the Administrative Law Judge (ALJ) at the hearing is unfavorable you can request that the Appeals Council Review your case. The Appeals Council is not responsible to evaluate the facts of your case but instead to determine if the ALJ made a mistake in denying your claim. There are three decisions that can be made by the AC.
1. It may be determined that the ALJ did not consider all the relevant medical evidence or that the ALJ made a technical error under the law. In this case, your claim will most likely be sent back to original ALJ to hear your case again. The AC will give the ALJ specific instructions as to what is to be considered at the second hearing.
2. The appeals council may determine that the unfavorable decision was wrong and overturn the ruling. This, in essence, is an approval of your benefits.
3. The appeals council may determine that the judge made no error and stand behind the decision of the judge to deny your benefits.
A claimant has only 60 days from the date of the decision from the Administrative Law Judge to file an appeal with the Appeals Council and request that the decision by the Administrative Law Judge be reviewed.