HOW IS AN UNFAVORABLE HEARING DECISION APPEALED?

The mandatory process to appeal an unfavorable decision by a hearing judge is to file an appeal with the Appeals Council.  This is a group of judges in Falls Church, VA. (and some are located in Washington, DC, also).  

The time frame for getting a review by the Appeals Council is 12 to 18 months.  Neither the claimant or representative appears at this stage of appeal.

Here are the typical results of the Appeals Council actions based on national averages:

  • 74 percent of cases are either denied or dismissed, so the hearing judge's decision remains in place.
  • 24% of cases are remanded (sent back to the hearing judge for another hearing or additional development).
  • 2 percent are awarded directly by the Appeals Council.

If the Appeals Council does not award or remand your case, the next and final appeal is to file a suit against the Commissioner of Social Security in a US District Court.  You cannot skip the Appeals Council and go directly to federal court, however.  The federal court option is only available after relief by the Appeals Council has failed.

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