WHAT IF YOUR APPEAL (HEARING) FAILS?

I've stated here many times that when Social Security denies a disability claim, you must ask for a hearing (appeal).  What happens when you go to the hearing and get denied again?

The next step is to ask for a review by the Appeals Council (AC).  You will use form HA-520 for this.  

The AC will review the judge's decision and the rationale he/she used in reaching the decision.  If it appears that the judge did not give adequate weight to the medical record, or made some other error in reaching the decision, the AC may remand the case back to the administrative law judge for further action, usually a new hearing.

The Appeals Council could, in very rare cases, overturn the judge's decision and award benefits.  However, this happens in less than 2 percent of all cases.  The most common remedy, if the AC does anything at all, is to remand the case back to the judge for another hearing.  This gives the claimant a second chance with the judge.

You may file an appeal with the AC as many times as you like, even after a remand and new hearing--unless the AC finally denies the appeal and let's the judge's decision stand as the "final decision."  At that point, your option is to consider a lawsuit against the Commissioner of Social Security, such suit to be filed by your attorney in a Federal District Court. 

 www.forsythefirm.com

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