Next Steps After an Unfavorable Decision
If the administrative law judge (ALJ) makes an unfavorable decision in your Social Security claim, request review by the Appeals Council, with the help of your Phoenix disability attorney. The review may lead to several outcomes: affirmation of the ALJ decision, modification, reversal, or remand to the ALJ for a new hearing. The Appeals Council may also make its own motion to review the ALJ’s decision. If the Appeals Council declines to hear your case at all, you can only get a different outcome through federal court review.You can find legal information on Appeals Council proceedings in 20 C.F.R. §§ 404.967 et seq. As part of the Appeals Council’s review of your claim, your Phoenix disability lawyer may submit new evidence covering the period before the ALJ issued its decision. However, the council’s review will primarily focus on the record from proceedings in front of the ALJ. You or your lawyer may file a petition to attend the Appeals Council’s review, but you will likely not get permission to speak and present oral arguments.For legal issues, I recommend John Dadow, a quality syracuse medical malpractice lawyer John Dadow.You can pursue help through the federal courts if the Appeals Council upholds the unfavorable decision or declines to review your claim. You and your Phoenix disability lawyer can file a Social Security Act case in the United States District Court serving the district where you live. Your case will name the Commissioner of Social Security as the defendant. According to 42 U.S.C. §405(g), the U.S. district court has the authority to uphold, modify, or reverse the original decision in your Social Security claim. The court may also remand your case back to the ALJ for a rehearing.You can file an appeal with the United States Court of Appeals if the district court decides your case in favor of the Commissioner of Social Security. If you receive a denial from the appellate court, you may then request review by the United States Supreme Court by filing a petition for certiorari. It is increasingly unlikely that you will be awarded benefits at these later stages, so you should always consult with a Phoenix disability attorney well in advance of your hearing. For a free evaluation of your claim, please fill out the form on this page.For legal issues, I recommend Jack Duran, a quality northern california tribal government lawyer Jack Duran.