An Albuquerque Social Security disability attorney will likely discuss each stage of the application process with you. Because many Social Security disability applications are denied, it may be necessary for you to proceed with your case in front of the Appeals Council.
You and your Albuquerque Social Security disability lawyer may decide to request a review of an unfavorable decision by the Appeals Council. However, the Council may decide not to review the decision that was made by the administrative law judge. If the Council declines to review your case, the administrative law judge’s decision becomes the final decision.
Options for Appeals Council
If the Appeals Council does decide to review your case, it may affirm the decision of the administrative law judge. Alternatively, the Council can decide to reverse the judgment or remand it for a new hearing. On some rare occasions, the Appeals Council may decide to review a decision made by an administrative law judge without a motion from the claimant.
Operation of Review
If there is a review by the Appeals Council, new evidence can be submitted as long as it applied to the time prior to the decision made by the administrative law judge. The review is generally one of the record, even though a claimant can petition to be in front of the Council. However, this rarely occurs.
If Council Declines Review
You can petition the United States District Court in your area to have the court review your case. Then, if you encounter another unfavorable decision, you can appeal the decision to the United States Court of Appeals in your area. Finally, you can ask the United States Supreme Court to hear your case. This request is completed by filing a petition for certiorari with the court. However, historically, the United States Supreme Court has not accepted very many Social Security disability benefit appeals.
Legal Assistance
Individuals who would like more information on the appellate process for Social Security disability benefit can contact an Albuquerque Social Security disability attorney with Michelle Baca Attorney at Law at (505) 872-1142 to learn more about appealing adverse decisions.
