Unfortunately, sometimes after waiting for your Social Security Disability hearing date, you get before the judge and for one reason or another, the judge denies your claim for benefits. You may feel frustrated, but it is important that you do not give up just yet.
If you carefully read the judge’s decision, the judge explains that if you disagree with his or her decision, you can file an appeal with the Appeals Council. This is a very important part of the decision, as it gives the address for the Appeals Council and the wording of the appeal form that you need to file.
As with most other appeals with Social Security, it is important that you file your request for review – in writing – within sixty days of the date of the judge’s decision. Please note: the sixty days begins to run from the date of the judge’s decision – not the date the decision is postmarked, and not the date you receive it.
When you file the appeal, if you have evidence available that the judge was not able to review, but is dated prior to the date of his or her decision, you can include that evidence with your appeal. Also, if you need additional time to submit evidence or your statements as to why you believe the judge is wrong, you must request an extension of time in writing now. The Appeals Council will write to you to let you know if your extension request has been granted.
If you submit neither evidence nor legal argument to the Appeals Council, action will be taken based solely on the evidence currently in your file.
The Appeals Council may remand your case back down to the judge, reverse the judge’s decision, or refuse to review the decision. Due to the high stakes at this level, I encourage you to obtain representation.