If your Social Security disability hearing goes against you, an appeal is possible. Your Chicago Social Security attorney can guide you through this process.
The Appeals Council
If your disability hearing is not resolved to your benefit, your Chicago Social Security lawyer may request that the Appeals Council examine the case. Upon examination of the administrative law judge’s decision, the Appeals Council has the authority to alter, overturn, support or send the decision back for another hearing.
If Your Claim Is Rejected
If the Appeals Council rejects the request made by your Chicago Social Security attorney, the ALJ’s decision will stand pending review by the court. There are cases in which the Appeals Council, of its own volition, examines the ruling handed down by the ALJ regardless of whether or not it was beneficial to the claimant.
New Evidence
Your Chicago Social Security lawyer may forward additional relevant evidence to the Appeals Council if it is dated prior to when the ALJ made the decision. An Appeals Council review is normally an examination of the record.
Oral Argument
The Appeals Council rarely, if ever, grants an oral argument. However, you or your Chicago Social Security attorney may make use of a provision that allows you to request via petition permission to appear.
United States District Courts and Courts of Appeals
You and your Chicago Social Security lawyer have the option, if your review is rejected by the Appeals Court or if the ruling goes against you, to begin litigation procedures at the U.S. District Court in your area. This civil action is filed against the Commissioner of Social Security and the court may support, alter or overturn the Commissioner’s decision. The District Court does not need to send the case back for rehearing in order to do this, but has the option to do so. 42 U.S.C. §405(g).
The Final Steps
One of the two final resources at your disposal if the District Court upholds the SSA’s decision is to refer your case to the U.S. Court of Appeals in your district. Failing that, a certiorari petition to the United States Supreme Court is the only option left. As your Chicago Social Security lawyer can explain, in rare Social Security Act cases, such petitions have been granted.
Contact a Chicago Social Security Attorney
Contact a Chicago Social Security attorney today.
