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Why cant the appeals council grant an appeal?

Lindenhurst, NY |

I have an appeal at the Appeals Council for SS disability benefits.
I hear that it can be bounced back to an administrative judge for another decision.

Why?????????? How is the Appeals Council being a place for appeals then?

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Attorney answers 3

Best Answer

In some few situations the Appeals Council finds that the law was not properly followed, and the case is returned to the Administrative Law Judge with instructions. A remand does not mean benefits will be awarded.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.


When you go to the Appeals Council, your best chance is that they will send it back for another hearing. This happens about 25% of the time, depending on the office it comes from. Very rarely will the appeals council make a totally favorable determination. This is because the Judge is the finder of fact, and the Appeals Council deals with errors of law theoretically. Credibility findings are the purview of the Judge.
So, I assume your attorney told you that because he/she knows that it is very rare to see a finding of disability coming from the Appeals Council or District Court. If you are able to get a remand, you and your attorney need to concentrate on your credibility and any issues noted by the AC.
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The SC will send it back with instructions to the ALJ. That's not always a bad thing but doesn't mean you win. The AC can approve it. If you lost with the ALJ and do with the AC, the next step would be federal district court. You should ask your attorney where the claim appears to be headed.

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