This week, Disability Tips looks at the stages and appeals in Social Security disability cases: application, reconsideration, hearing, appeals council and beyond! We also discuss:
Give it a listen: Continue reading Stages in a Social Security disability case EXPLAINED!
I was a the Colorado Bar Association Social Security CLE (Continuing Legal Education) program. One of the Judges stated during the presentation that the Social Security Appeals Council will begin correcting “technical errors.”
During the Q&A section, I had to ask whether this meant that the Appeals Council would begin approving more cases outright or if this would result in, effectively, “post hoc” fixing of Administrative Law Judges’ decisions.
The response was that this would not likely increase the number of approvals at the Appeals Council level and, again, this was designed to fix technical errors.
This is disconcerting as some of these “technical errors” might well result in sending cases back for another hearing. If the Appeals Council gets to correct errors that would otherwise lead to a second hearing, but now lead to affirming a denial, that just leaves claimant’s out in the cold.
I was talking to a woman who was upset with her attorney. Her Social Security case had been denied at the hearing level. The Administrative Law Judge did not think she was disabled. With her attorney’s help, she appealed to the Social Security Appeals Council.
After months and months, she finally got her decision …. a denial.
Well, at least there was a nice long decision explaining exactly why the Appeals Council denied the case. Right? WRONG!
Even her lawyer could not tell her why she had been denied. Why? Because there is thing you need to know about Appeals Council decisions: Continue reading The agony of Social Security Appeals Council decisions
You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council.
If they approve the appeal, you can get your disability benefits? Right? Umm Probably not.
Here’s the lowdown that you need to know about what happens at the Appeals Council: Continue reading “Winning” at the Social Security Appeals Council isn’t all it’s cracked up to be
If you have been denied at your Social Security hearing in front of an Administrative Law Judge (ALJ), you may end up having to file an appeal to the Social Security Appeals Council.
In my experience handling Social Security disability cases in Colorado, it can take between 6 – 18 months to get a decision back from the Appeals Council.
However, even if you “win” the appeal, that is not the end of your case. In the vast majority of cases, the Appeals Council does not approve benefits outright. Normally, they simply send the case back for another hearing with instructions to the ALJ on what should be done next time. Continue reading How long does an Appeals Council decision take?
If your Social Security case is denied after a hearing with an Administrative Law Judge (ALJ), you have a couple of options:
Option 1: Appeal the ALJ’s decision to the Social Security Appeals Council
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.”
One benefit of appealing is that it preserves your entitlement to past benefits. Continue reading Denied at your Social Security hearing? What you can do now
If you are denied at your Social Security hearing by the Administrative Law Judge (ALJ), you have the right to appeal the judge’s decision to the Social Security Appeals Council.
To do this, you need to file form HA-520-U5 “Request for Review of Hearing Decision/Order.” You only have 60 + 5 days to get the appeal to the Appeals Council from the date stamped on the judge’s decision (5 days to receive the decision and 60 days to deliver the appeal).
Here are a couple of things to keep in mind about the appeal: Continue reading Denied at hearing? The Social Security Appeals Council EXPLAINED!
You finally got the decision on your Social Security case and it says… “Partly Favorable.” If you need to know what this mean, read this. Now that you are back, should you take the “partly favorable decision and get on with your life.
OR… should you take the BIG RISK and appeal?
Wait, did you says ‘BIG RISK’?
Continue reading Should you appeal a “Partly Favorable” Social Security decision?