Appeals Following an Unfavorable Judge’s Decision
14 JanIf you have made it all the way to an Administrative Law Judge, you have gone a long way and waited a long time in your appeal. Now you have received an “Unfavorable Decision” from the ALJ. This, to some, means the end of the line. Apply again possibly or look for work even though this is not possible. It can be a disheartening day when you receive the “Unfavorable Decision” in the mail. There are further options and your claim, assuming you appeal in the time frame required, might not be over. The Appeals Council looks at claims for review and typically denies review in 12-18 months. You should still file a brief and any updated medical records, if your condition has worsened, or if you failed to provide certain medical records at hearing, for the Council to review.
If the Appeals Council denies review, you typically have 60 days from the DATE of the denial to file a complaint in United States District Court. This seems more daunting or frightening than it truly is. IF you file an appeal to Federal Court, you do NOT have to go into a court room and face ANOTHER judge. The attorney files his or her brief from their office. This process is much faster and ranges from 6-12 months, typically.
Both the Appeals Council and Federal District Court appeals, while a long time to wait, preserve your claim and could enable you to receive benefits with little to no effort on your part.
It is also IMPORTANT to note, at both the appeals council and the Federal Court appeal, you do not need to pay a FEE from an attorney. Your attorney should ONLY recover a fee if you receive benefits or the Federal Appeals level, obtain a second administrative hearing where the Government pays your attorneys fees!
When it comes to filing appeals with either the Appeals Council or United States Federal Court, Marken Law Group, PS, has the experience and dedication to take you through the process. We have successfully obtained remanded hearings and benefits at both the Appeals Council and United States Federal Court levels. If you have recently been denied by the Administrative Law Judge, call Marken Law Group, PS, today! There is hope!