THE APPEALS COUNCIL DENIES MORE THAN 80% OF APPEALS
YOU HAVE A RIGHT TO APPEAL IF THE JUDGE DENIES YOUR CASE AT A HEARING
If you lose your case at an ALJ hearing, then you have the right to appeal your case to the Appeals Council. An appeal must be written within 60 days of the date of the ALJ’s decision. The Appeals Council reviews cases from the entire country. On average, it takes up to two years for them to review an appeal. However, the time frame may be shorter.
This means that no matter where you live in the country, all appeals are read at the same place: the Appeals Council. However, no matter where you live we can represent you. We can represent you in Utah. Find out more information about Utah SSD benefits. We can also represent you in Nevada. Find out more about Nevada SSD benefit information. We also have further information on winning SSDI and SSI benefits in Idaho. Likewise, we have California SSDI benefit information.
When you appeal your case, the Appeals Council has three options. First, they may deny review of your case (which means the case must then go to Federal Court). Second, they could remand the case back to the same ALJ for a new decision. Third, they might grant the case (this is very rare). Unfortunately, data released by the Social Security Administration reveals that the number of cases that were successful on appeal has plummeted over the past five years.
WHAT ARE THE CHANCES OF THE APPEALS COUNCIL REMANDING YOUR CASE?
In 2010 the Appeals Council remanded 21.77 percent of the cases under review. In 2011, the percentage of remands was similar, at 21.19 percent. The percentage of cases since then declined until 2015. In that year, the Appeals Council only remanded 13.58 percent of the cases under review.
SSA’s data shows that in 2016, the percentage went down again to 12.3 percent. This means that out of hundreds of thousands of appeals, the Appeals Council remanded approximately 19,000 cases in 2016. Data is not available for 2017. But, the trend of denying review for most of those who appeal their case has not changed.
Since 2010, the Appeals Council has had an 8 percent drop in remands. They have also spent their time reviewing favorable ALJ decisions. They are reviewing favorable decisions and sending those cases back to ALJ’s for a new decision. This is the SSA overturning cases where the client was found eligible for benefits.
This is an alarming turn of events for the community when one considers that over the same period of time, the ALJ award rate at hearing has fallen from 63 percent in 2009 to 45 percent in 2014. In other words, the ALJ award rate has dropped by 20 percent in the last 6 years.
THE APPEALS COUNCIL IS ALSO REVIEWING FAVORABLE ALJ DECISIONS
Even when the ALJ grants a case there is a chance that the SSA will review it of its own accord. If they decide to review your decision, then you will probably have to go through another hearing. These statistics mean that hundreds of thousands of people are being denied at ALJ hearings and at the Appeals Council. Worse, once an ALJ grants a case, then there is a chance the benefits can be taken away. This can happen to you simply because the Appeals Council has the power to review all decisions.
Do other court systems does review lower court decisions that are not on appeal? The answer is no. No other court system subjects independent judge decisions to review without an appeal. Obviously, the SSA is trying to lower the amount of SSD cases that ALJ’s grant by denying review at the Appeals Council level. Also, they are trying to lower the amount of awards by overturning favorable ALJ awards at the same time.
If the percentage of cases on remand can drop so quickly in a 5 year period, then people who are trying to get benefits are dealing with an unfair court system. Why spend so much money to review decisions from a judge, when there are thousands of people who need SSDI and SSI benefits? Can you see that in this kind of system, you need at attorney with experience to help you win benefits?
WHAT WE DO TO HELP YOU WIN SSD BENEFITS
You do not need to try to win benefits by yourself. We can help file your SSD and SSI application. Also, we can help you appeal every SSA denial. That way, you can focus on your health. For example, our attorneys and staff can:
- Send you the paperwork you need to become our client
- Help you file your application for SSD and SSI benefits
- Inform the SSA that they should automatically pay your benefits under the Compassionate Allowance Rules
- Request an appeal if you receive an initial denial from DDS
- Help you confirm you will attend an SSA doctor exam
- Request a Hearing with an Administrative Law Judge (ALJ)
- Prepare you to testify at your SSA hearing
- Represent you at your hearing and question the expert witnesses
- Read more about job experts
- Learn more about medical expert testimony
- Request review of an SSA decision with the Appeals Council
- Request review of an Appeals Council denial in Federal Court
If you file your application for benefits online at Social Security’s website, then you have 6 months to complete the application. Once you submit your application, the SSA sends you an application summary in the mail. You must sign the summary and mail it back.
YOU CAN SUBMIT NEW MEDICAL RECORDS
If you decide to appeal your case to the Appeals Council, then make sure all of your medical records are part of the court record. This means that if there were any missing records at the court hearing, then you should submit them to the Appeal Council. If you had an attorney helping you at the hearing, then it is possible that all of your records are already in your SSA file. However, it is possible that records which relate to the time period in question might not be in your SSA file.
Of course, all medical records should be under review at the time of the hearing. But, if they weren’t, then you can still submit them on appeal. It is possible that the Appeals Council will review those records and decide they make a difference in your case.
After you apply for SSD benefits, you should collect your medical records and submit them to the SSA. You need to do this whether you apply for SSD, SSI, or both.
Many people think when they apply for Social Security Disability benefits or SSI benefits, the SSA will automatically collect all of their medical records. This is not true. The SSA only collects the records that they think are important in your case.
This means that the SSA doesn’t collect records from past operations. They also do not collect records from past hospital stays or injuries. They may not collect all of your records, even though it is your past records that prove you cannot work. It is up to you to make sure the Appeals Council has all of the evidence in your case.
HIRE OUR SSD LAW FIRM TO HELP YOU WIN SSD BENEFITS
If you need help filing for SSD and SSI benefits, then contact Cannon Disability Law. We feel it is important to start your case with as at the outset, because having an attorney improves your chance of winning. If you have an attorney from the beginning of your case, then you will fill out forms properly. You will be able to submit appeals on time. And, you will know what medical evidence is necessary to win your claim. Experience helps us avoid costly mistakes. You do not want to find out, after waiting to years and going through a hearing, that you now need to appeal the judge’s decision.
Cases that are not reversed or remanded at the Appeals Council must then be filed in Federal Court. There is a 60 day time limit to appeal to Federal Court. However, you need an attorney to go to Federal Court. The attorney must be admitted to the court in order to appeal your case. You will also need to pay a filing fee. Additionally, you will need to file the proper paperwork.
For example, you will need to file a Complaint. You must serve the Complaint on the correct parties in the case. You serve the complaint with a summons. There are many specific rules that you must follow or the Federal Court may not hear your appeal. If you need to find out more about how to appeal to Federal Court, then you can do so on our website. Learn more about Federal Court review.
THE ATTORNEY FEE AT THE APPEALS COUNCIL
Just like your case prior the ALJ hearing, the attorney fee is set by the SSA. However, once your case moves to the Appeals Council and Federal Court level, the attorney fee is no longer capped.
Therefore, the attorney can charge up to 25% of your full back benefits. However, the attorney must charge a fee using a particular format: the fee petition.
A fee petition documents all of the hours spent on your case. It must be sent into the ALJ along with records that discuss the hours that the attorney has worked. Additionally, there must be proof which shows the attorney is asking for a reasonable fee. The definition of reasonable comes down to the normal rates per hour for attorneys in your region of the country. It also includes the number of years of experience that the attorney has doing SSA cases.
Finally, a fee petition, like the attorney client fee agreement, must be approved by the judge. Without the ALJ’s approval, your attorney cannot charge an attorney fee in your case. Once the attorney files a fee petition, it can take months or even years for the judge to award the fees. If the judge does not award the attorney fee in a timely manner, then the SSA will inform the attorney. At that point, the attorney can remind the judge to award fees. If there is money that did not go to the attorney fee, then the SSA will refund that amount to you.
ALWAYS APPEAL IF YOU ARE DENIED SSD & SSI BENEFITS
You may be wondering whether the Social Security Administration (SSA) will approve your claim for SSD and SSI benefits. If so, call Cannon Disability. We are the only law firm helping SSD and SSI clients in Utah and Nevada with over 30 years of experience. For example, we are rated in the top three SSD lawyers in the state of Utah.
We also help clients in many other states. For example, we have clients in Las Vegas, Nevada. We are also rated in the top three SSD lawyers in the state of Nevada. Find out more about our Nevada legal experience. We also have clients in Idaho, Colorado, and California.
Over the past few decades, we have won over 100 million dollars in ongoing and past due benefits for our clients. Our clients benefit from our legal experience. We’ll help you get your SSDI benefits. Also, we will fight for all of the benefits the SSA owes you under the law. Likewise, we will help you win under the compassionate allowance rules if they apply to you.
If you want to learn more about the lawyers and staff at our law firm, then read our About Us page. For instance, Andria Summers can help you with your Medicare plan. She has also won thousands of SSD cases. Dianna Cannon has been helping SSD and SSI clients win benefits for over thirty years. Brett Bunkall also has years of experience helping people obtain their SSD benefits. We are experts. You can trust us to help you win your SSDI and SSI benefits. Contact us today.
