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CJ Henry Law Firm, PLLC

A Social Security Lawyer in Ocala, FL Discusses Appeals Council Reviews

  • Published: July 15, 2013

If you are unsatisfied with a decision after your disability hearing, you can ask for the Appeals Council to review the decision. Your Social Security lawyer in Ocala, FL can explain that the Appeals Council will not always take on the case; therefore, the decision made by the administrative law judge may stand, subject to a review by the court.

If the Appeals Council does review the decision, the result could be that the council agrees with it, changes it, reverses it or calls for it to be discussed at a new hearing. Sometimes, on motion alone, the Appeals Council will review the judge’s decision and then either decide positively or negatively on behalf of the claimant. A claimant can submit new evidence to the Appeals Council. There is a section in the law that allows for the claimant or the claimant’s attorney to be present before the Appeals Court, although oral arguments usually are not permitted.

Federal Court Is the Next Option

If the Appeals Council refuses to review the administrative law judge’s decision or the council rules against you again, the next alternative is to file a civil action in the United States District Court. This must be filed in the district in which you reside.

A Social Security attorney in Ocala, FL can explain the Social Security Commissioner is named as the defendant. At this stage, the court has the right to agree with the decision, change or reverse the commissioner’s decision. This can be done without another hearing. If the U.S. District Court sides with the Social Security Administration’s decision, then a claimant can file an appeal with the United States Court of Appeals. If the appeals court denies your case, the next option is to go to the United States Supreme Court and file a petition for certiorari, which is an order where a higher court agrees to review a lower court’s decision on a matter. The Supreme Court recently has agreed to review just a handful of Social Security cases.

Contact a Social Security Attorney in Ocala, FL for Assistance

There are several options available if you initially receive an unfavorable decision on your disability claim. If you are interested in appealing, call a Social Security lawyer in Ocala, FL at the CJ Henry Law Firm, PLLC at 352-304-5300.

Claudeth Henry

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