Appeals Council Review of Disability Decisions by Administrative Law Judges
If an Administrative Law Judge has made an unfavorable disability decision, the case must be appealed to the people at the next level who review ALJ decisions. Beginning on June 13, 2011, this level of appeal will be the Appeals Council.
During the last several years, cases in Massachusetts and Connecticut were appealed to an experimental section of Social Security known as the Decision Review Board. The experimental Decision Review Board will be abolished in June. Cases that are pending at the Decision Review Board as of June 13, 2011 will be transferred to the Appeals Council.
The Appeals Council will send partially favorable ALJ decisions that it receives from the DRB to be processed for payment.
Any pending requests to the DRB for review of an ALJ dismissals will be treated as requests for review of the ALJ dismissal by the Appeals Council. The Appeals Council will send a notice to claimants whose claims have been transferred from the DRB, telling them that SSA deemed their appeal as a request for Appeals Council review of the ALJ's decision. Claimants will have a right to file a written request for withdrawal of the deemed request for review. If no written request to withdraw the review is filed, the Appeals Council will process the case as usual. If the Appeals Council grants a review of a partially favorable decision, it will review the entire record and may modify, affirm or reverse the ALJ's decision.
If a case is remanded to the DRB from Federal Court, it will be transferred to the Appeals Council.
Problems for disability claimants who are not successful with an ALJ Hearing can often be traced back to inconsistencies in the application for benefits, or delays in getting medical evidence when the claim was first filed, many months earlier. To avoid these problems, call us today for professional attention to your claim: (413) 567-5600.
