Review of the Appeals Council

If the Administrative Law Judge (ALJ) renders an unfavorable decision after your hearing, you and your Novi Social Security attorney can request a review of the Appeals Council decision. Should the Council decline the review request, the ALJ’s decision becomes the Commissioner of Social Security’s final decision regarding your claim, subject to review by the court. If the Council does decide to review the ALJ’s decision, it may reverse, modify, affirm, or remand the decision for another hearing.

It sometimes happens that, on its own motion, the Appeals Council renders a review of the ALJ decision regardless of whether it is unfavorable or favorable to a claimant.

New evidence may be put forward to the Appeals Council providing it applies prior to the date the decision was given by the ALJ. In almost every case, an Appeals Council review amounts to a record review. Oral argument is almost never granted even though a provision exists enabling the claimant and/or his or her Novi Social Security attorney to petition for the opportunity to come before the Council.

Federal Court

You have the option to file a civil action in the U.S. District Court where you reside, naming the Commissioner of Social Security as defendant, if the Appeals Council either makes an adverse decision or denies a review of your case. The District Court may reverse, modify, or affirm the Commissioner’s decision, either remanding the case for rehearing or choosing not to do so.

If the decision given by the Social Security Administration given in the Appeals Court is affirmed by the District Court, you have the option of appealing to the U.S. Court of Appeals for the particular circuit where the District Court resides. Should your case be denied by the Court of Appeals, you may then file a petition for certiorari with the U.S. Supreme Court. However, your Novi Social Security attorney will advise you that, in recent years, certiorari has been granted by the Supreme Court very few times in Social Security cases.

Contact Us

If you have questions concerning your Social Security case and would like to speak with an experienced and knowledgeable Novi Social Security attorney, please contact J.B. Bieske and Jennifer Alfonsi, Attorneys at Law, by calling 800-331-3530.