A: If your claim is denied at the hearing level you have the opportunity to appeal the decision to the appeals council. This appeal must be filed within 60 days of receipt of the unfavorable decision. The appeals council is the highest level of administrative review within the SSA. The standard of review is whether the decision is supported by substantial evidence and whether correct legal principles were applied. The appeals council will review all the evidence. The appeals council may affirm, modify, or reverse the ALJ hearing or remand the case back to an ALJ with specific instructions on any relevant issue. We have been very successful in obtaining remands at the Appeals Council level.
Posted in: Social Security Disability FAQ