You’ve waited the better part of two years to go before an Administrative Law Judge (ALJ) to get some finalization on your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim, but the result is not what you expect. The ALJ issues an “Unfavorable Decision” stating you are not entitled to disability benefits. What do you do now?
There are two options to pursue if you receive an “Unfavorable Decision” from an ALJ. One option is to file a new claim. There is potential eligibility consequences involved with SSDI claims, depending on when you last worked and you basically have to start the entire process over.
Another option is to file an appeal of the ALJ decision with the Appeals Council. The Appeals Council, located in Falls Church, Virginia, is in charge of handling all appeals of ALJ decisions across the country. The Appeals Council is not in charge of evaluating the merits of a Social Security disability claim. The main purpose of the Appeals Council is to determine if the ALJ in the case made any errors in his or her decision to deny the claim.
Upon review of the ALJ decision, the Appeals Council has three options:
- Deny the request to review the ALJ decision, resulting in the ALJ decision being final.
- The Appeals Council can review the ALJ decision and determine that the ALJ made errors and remand the case back for a new hearing.
- A third option is for the Appeals Council to issue its own decision on the case and award the applicant Social Security disability benefits.
If the Appeals Council denies the request to review the ALJ decision, just one avenue remains open to appeal that decision. This avenue is to file a civil action in federal district court.
Like many other aspects with Social Security disability, Appeals Council action can take a long time. On average, it takes about one year before a decision is made.
For more information about the Appeals Council and its function click here.
