Review by the Appeals Council
If you receive an unfavorable decision after your hearing, you or one of our Lakeland Social Security disability attorneys may request a decision review by the Appeals Council. The Council has the option of declining a review of the administrative law judge’s decision, which then makes the ALJ’s decision the Social Security Commissioner’s final decision regarding your claim, although still subject to review by the court. If the Appeals Council chooses to review the ALJ decision, it may reverse, modify, affirm, or remand it for a totally new hearing. The ALJ decisions, whether unfavorable or favorable to a claimant, are sometimes reviewed by the Appeals Council, based upon its motion. You or one of our Lakeland Social Security disability attorneys may submit new evidence to the Appeals Council provided it applies to the time prior to the date of the decision given by the ALJ. When the Appeals Council agrees to a decision review, it almost always consists of a review of the record. Oral testimony or argument is usually never permitted, although a provision exists that grants a claimant or his or her representative the ability to request the right to come before the Appeals Council. See 20 C.F.R. §§ 404.967 et seq. regarding review by Appeals Council.
You have the option of filing a civil action in the District Court that is proper for the district you reside in should the Appeals Council deny a review of the ALJ’s decision, or make an adverse decision to you. In such an action the Social Security Commissioner is the defendant. Power to modify, affirm or reverse the Commissioner’s decision resides with the court, whether or not the case is remanded for rehearing. 42 U.S.C. § 405(g). You may appeal to the United States Court of Appeals if the United States District Court upholds the Social Security Administration’s decision and grants judgment to the defendant SSA Commissioner. Should your case be denied by the Court of Appeals, you may file a petition for certiorari with the U.S. Supreme Court. Our Lakeland Social Security disability attorneys know that in recent years, certiorari has been granted by the Supreme Court in only a few Social Security Act cases. If you have questions regarding your Social Security disability case and would like to visit with competent and knowledgeable Lakeland Social Security disability attorneys, please contact the attorneys at Kaylor, Kaylor & Leto by calling 863-968-7837.