Review of the Administrative Law Judge’s Ruling

If you have appealed a Social Security disability claim and you receive an unfavorable ruling from the administrative law judge assigned to your claim, you have the right to seek a review of the ruling. Be aware, however, that seeking a review does not mean that the Appeals Council, which is located in Falls Church, Virginia, is obligated to review the administrative law judge’s decision.

Instead, the Appeals Council may decide not to review the decision, in which case the administrative law judge’s decision will be considered the Commissioner of Social Security’s final decision on your claim. The Commission’s final decision, however, is subject to review by a court of law, and your Marietta disability lawyer can file the appropriate papers on your behalf with the appropriate United States District Court, naming the Commission of Social Security as a defendant. The United States District Court can affirm, modify or reverse the Commissioner’s ruling and has the discretion to remand the case for a rehearing.

In contrast, the Appeals Council may decide to review the unfavorable decision on your Social Security claim. In this case, your Marietta disability lawyer may submit new evidence discovered before the date of the administrative law judge’s adverse decision. The Appeals Council will review the record, and while you and your Marietta disability lawyer can petition to appear before the Appeals Council in person, oral argument is rarely granted. Like the United States District Court, the Appeals Council can affirm, modify, reverse or remand the decision for a new hearing. Occasionally, the Appeals Council elects to review certain decisions on its own motion

It is comparatively rare that a Social Security disability claim is granted so late in the process, so it is a good idea to retain a Marietta disability lawyer as soon as your initial claim is denied. For a free evaluation of your claim, please fill out the form on this page.