A disturbing recent trend in the world of Social Security disability cases is the occurrence of a fully favorable disability ruling being overturned by the Appeals Council. It has left many a Social Security disability applicant and representative scratching their head.
This scenario can only occur when a Social Security disability applicant goes before an Administrative Law Judge and is found disabled based on the evidence. Most times the ALJ decision is not reviewed, but it is becoming more common for the AC to review fully favorable decisions and overturn them. The end result is the applicant is not considered disabled and not entitled to benefits.
This comes as a great shock to the applicant and representative who have spent the better part of two years fighting Social Security for disability benefits and then, when a favorable outcome is reached by the ALJ, the rug is pulled out from beneath them.
The Appeals Council is roughly made-up of 68 administrative appeals judges, 42 appeals officers and several hundred supporting employees. In 2013 the AC looked at 172,000 cases and takes, on average, one year to issue a decision. Most of the cases the AC looks at are requests to review unfavorable ALJ decisions. The question many are asking is how does the AC have the time to look at fully favorable ALJ decisions that are made through thoughtful analysis? It does not seem like a good use of the AC’s time.
Despite the fact that fully favorable decisions can be reviewed by the AC, it does not mean your case will be denied, but it remains a possibility. This recent trend is another indication that as a federal agency, the Social Security Administration holds a lot of power in deciding disability claims and can stack the deck. To learn more about the recent trend of the AC deciding to review ALJ fully favorable decisions, please click here.
Contact Greeman Toomey, PLLC
If you are disabled and unable to work, you know what a highly stressful and emotional time this is in your life. Contact us today at (612) 332-3252 to discuss your case with our experienced attorneys. Our office is located in Minneapolis at 250 Marquette Avenue, Suite 1380, Minneapolis, MN 55401.
