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Appeals Council & Federal Court

If you are not satisfied with the decision at your hearing, you have options.

Appeals Council

Your lawyer can ask that the decision be reviewed. All decisions are reviewed by the Appeals Council. If the Appeals Council chooses not to review the decision, then that decision is final. If the Appeals Council chooses to review the decision, there are four possible outcomes:

  • The Appeals Council may affirm the decision;
  • The Appeals Council may modify the decision;
  • The Appeals Council may reverse the decision; or
  • The Appeals Council may remand it for a new hearing.

Occasionally, the Appeals Council may review a decision regardless if your attorney asks for a review.

New evidence may be submitted to the Appeals Council, but a Rockville Social Security disability law firmcautions that oral argument is almost never granted. However, you or a your representative can petition to be allowed to appear before the Appeals Council. See 20 C.F.R. ยงยง 404.967 et seq. regarding Appeals Council review.

Federal Court

If you are not happy with the decision of the Appeals Council, or you disagree with their decision, you have the option of filing a civil action in your district of the United States District Court. The defendant will be the Commissioner of Social Security. The District Court can change or affirm the Commissioner's decision.

If you are not happy with the decision of the United States District Court and still believe you are in the right, you appeal to the United States Court of Appeals.

If you are not happy with the decision of the United States Court of Appeals and still believe you are in the right, you may file a petition for certiorari with the United States Supreme Court. However, the Supreme Court rarely grants certiorari in Social Security Act cases.

For more information on your options regarding appealing your case result, contact attorneys at Bromberg Rosenthal, at 301-251-6200.

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