Loose a Social Security Disability decision? Should youAppeal An Unfavorable Decision?
If you have been denied Social Security benefits at the hearing level the case can be appealed to the Appeals Council. The council will look at several factors when reviewing an appeal. They will look to see if there was an abuse of discretion by the judge. The will review the case to see if an error of law was made. They will look to see if the finding and conclusions in the decision are supported by substantial evidence. They will consider policy and procedural issues. They will also consider new and material evidence of disability if it relates back to the time period before the decision was made. 20 CFR §404.970.
There are only 60 days after a denial in which to submit an appeal. An extension to file can be requested.
Partially favorable decisions can be appealed as well. However, if appealed, the Appeals Council will review the entire decision not just the parts you object to. This means the Appeals Council will determine whether any benefits should have been granted at all.
At the present time, you have to choose whether to appeal or file a new application. You will generally not be allowed to do both.
We handle our clients appeals to the Appeals Council but rarely take an appeal we could not build the underlying record. Call us early and before an unfavorable decision. We cal often help. 800 755 1987. O’Malley Tunstall Social Security