What Happens at the Appeals Council?
Once you submit your Form HA-520, you can expect to wait 12 to 18 months to hear back from the SSA, according to recent statistics.
If the Appeals Council decides to review your case, you won’t have a new hearing right away. You’re not going to appear in front of this council or a judge.
Instead, the council reviews the hearing record and any brief you submit, looking for legal errors or improper findings in the administrative law judge’s decision.
You can submit new evidence only in limited circumstances. It must relate to the period before the judge’s decision and have a reasonable chance of changing the outcome, and you generally need a good reason for not submitting it earlier.
If your main argument is that your condition has worsened since your hearing, a new application may be the better path.
The SSA Appeals Council could also decline to review the hearing decision. This is another reason to work with an Oklahoma disability lawyer who can assist with your legal arguments when you request this review.
If you do reach this stage of appeal, there are three potential outcomes:
1. The Appeals Council could uphold the hearing decision, agreeing with the judge and denying you benefits again.
2. The Appeals Council could agree that there was a legal issue with your ALJ hearing and send your case back to an administrative law judge for a new hearing.
3. The Appeals Council could award you benefits outright.
Our Tulsa disability attorneys can help you prepare for this part of the appeals process and make the strongest possible argument for benefits.
We’ll watch for follow-ups from Social Security so you can avoid unnecessary delays.
And if you are worried about making ends meet while you wait for a response, our team can point you toward local resources and other benefits that could help you pay bills in the meantime.
If you’re ready to request an Appeals Council review, don’t do it on your own. Reach out to our disability law firm.
What Should I Do If the Appeals Council Denies Me?
You have one more chance to appeal if the Social Security Appeals Council upholds the ruling from your disability hearing.
You can sue in Federal District Court. This takes your claim out of the Social Security system, allowing a judge with an outside perspective to evaluate whether Social Security made a legal error.
The judge can send your case back for a new hearing or uphold the denial. They could also decide to award you benefits directly, although this is rare.
Instead of continuing your appeal, you could decide to start over and apply for disability benefits again. This could affect how much you get in back pay, so we don’t usually recommend it, but there are times when this path makes sense.
Because you don’t introduce new evidence in a federal appeal, starting fresh with a new application could be smart if your health has declined significantly or you have developed additional medical issues that weren’t in your original disability claim.
Our team can help you weigh your options and continue your fight for Social Security Disability benefits.
The disability lawyers of Troutman & Troutman have been assisting Oklahomans with their disability appeals since 1993.
We understand how stressful it is to develop a work-stopping health problem and have to worry about how you’re going to pay your bills. You should have someone to support you when you pursue life-changing disability benefits.
If you’re in Tulsa, Owasso, Muskogee, Broken Arrow or anywhere else in Oklahoma, we want to help.
Wherever You Are in the Disability Benefits Process, We Can Help
You may be trying to determine if Social Security Disability benefits are right for you. You may be facing a long, complicated benefits application. Or maybe you’ve applied and been denied. Now what? The Troutman & Troutman Oklahoma disability attorneys can help.
Disability Attorneys Answer Your Questions about Social Security
Your life has been disrupted by health problems. You’ve had to leave work. You’re worried about money. Social Security Disability benefits can provide relief, but they’re complicated. You’ve got a lot of questions. The Troutman & Troutman Tulsa disability lawyers have answers.
SSD Questions & Answers »
