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Social Security's Appeals Council Review Process |
| Information About Requesting Review of an Administrative Law Judge's Hearing DecisionThe Appeals Council is located in Falls Church, Virginia. We want to provide you with useful information regarding the Appeals Council and requesting review of an Administrative Law Judge's hearing decision. |
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The Appeals Council review process generally begins after an application for benefits has been denied at the initial, reconsideration, and hearing levels. If you disagree with the decision of the Administrative Law Judge, you may file a request for review with the Appeals Council.
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How to Request an Appeals Council Review |
You must request review in writing, within 60 days of receiving the hearing decision (HA-520-U5). You should send it directly to: Appeals Council, SSA/ODAR You can also contact your local social security office,
local hearing office, or call our toll-free telephone number (1-800-772-1213)
and fill out a request for review form.
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Time Limits for an Appeal |
Generally, you have 60 days
after you receive the notice of our decision to ask for any type of appeal.
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What
happens when you request review |
The Appeals Council looks at all requests
for review, but it may deny a request if it believes the hearing decision
was correct. If the Appeals Council decides to review your case, it will
either decide your case itself or return it to an Administrative Law Judge
for further review. When the Appeals Council reviews your case it may
consider any of the issues considered by the Administrative Law Judge,
including those issues that were favorably decided in your case. You will
receive a copy of the Appeals Council's final action on your case. |
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Tips to shorten the request for review process |
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Your Right to Representation |
You may want a lawyer, friend, or other qualified person to represent you. The people at the Social Security office can help you if you have trouble finding a representative or if you cannot afford one. If you decide to have a representative, you need to tell us by filling out a special form, available at any Social Security office. If you have a representative, you may have to pay his or her fees. For more information about representation and about the fees a representative may charge, refer to "Information About Representation." |
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What happens when you disagree with the Appeals Council's decision? |
If you disagree with the Appeals Council's decision, or if the Appeals Council decides not to review your case, you would then have to go to the last level of the appeals process which would be to file a civil suit in a federal district court. If you bring a civil action against the Commissioner seeking judicial review of the Social Security Administration's (SSA's) final decision, our staff will prepare the record of the claim for filing with the Court. This includes all the documents and evidence SSA relied upon in making the decision or determination.
There is a charge for filing a civil action in Federal court. |
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Last reviewed or modified Monday Jul 07, 2008 |