Imagine standing at a crossroads with no clear path forward. You've put in the effort, followed the steps, and presented your case, only to find yourself facing another hurdle – an unfavorable decision on your Social Security disability claim.
At Spellen Law, we navigate this process with skill and determination. A strong appeal isn’t just about paperwork - it’s about strategy, precision, and persistence. Here’s how an experienced Social Security disability attorney prepares for your Appeals Council review and increases your chances of success.
Understanding the Appeals Council Review
The Appeals Council, part of the Social Security Administration, reviews decisions made by administrative law judges (ALJs) in denying disability claims. Instead of holding hearings, it assesses whether the ruling was legally sound.
The Council may uphold, reverse, or return the case for another hearing. Due to high caseloads, this process can take months or longer.
A Social Security Disability attorney ensures your appeal is well-prepared and strongly presented.
Evaluating the Decision and Grounds for Appeal
Not every unfavorable decision will be overturned, so the first step in preparing for an Appeals Council review is determining whether the ALJ made a legal or procedural error. Your Social Security Disability attorney will carefully analyze the judge's reasoning, looking for mistakes such as:
misinterpretation or misapplication of Social Security law
ignoring key medical evidence or testimony
failing to consider a treating physician’s opinion
Procedural errors that violate due process
If errors are found, your attorney builds a strong case demonstrating why the decision should be reviewed and possibly overturned.
Gathering Additional Evidence
If new medical evidence supports the disability claim and relates to the original timeframe of the case, your attorney will include it in the appeal. This could be updated medical records, physician statements, or expert evaluations.
While new evidence can strengthen an appeal, it must be directly relevant to the period reviewed by the ALJ. Your disability lawyer ensures that any additional documentation meets these requirements and effectively supports the claim.
Drafting a Legal Brief
The legal brief is one of the most critical components of an Appeals Council review. This document outlines the ALJ's errors and presents a compelling argument for reconsidering the decision. A Social Security Disability attorney’s ability to construct a strong, well-supported argument can significantly impact the outcome.
Submitting the Appeal and Monitoring the Process
Once the appeal is prepared, it must be submitted within 60 days of receiving the ALJ’s decision. The easiest way to do this is by completing and mailing Form HA-520, Request for Review of Hearing Decision/Order, to either the local Social Security office or the Appeals Council.
After submission, your disability attorney continuously monitors the case’s progress. Given the long processing times, legal representation helps prevent unnecessary delays and ensures the case moves forward as efficiently as possible.
Preparing for Possible Outcomes
The Appeals Council can take one of three actions:
Affirm the ALJ’s decision – If the Council determines that the judge made no errors, it will deny the request for review.
Reverse the decision – In some cases, the Appeals Council may determine that the judge was wrong and directly approve the claim.
Remand the case for a new hearing – If the Council finds errors were made, it may send the case back to an ALJ for further review.
If the Appeals Council denies the request for review, the final option is to file a lawsuit in federal court. At this stage, legal representation is essential, as the case moves beyond the administrative process and into a judicial setting.
Moving Forward with Spellen Law
At Spellen Law, we are committed to standing by your side, navigating the legal complexities, and building a strong case on your behalf. If you face an Appeals Council review, we will help you take the next step.
Call 205.820.9474. or complete our contact form to consult with a skilled Social Security Disability attorney.
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