Can the Social Security Appeals Council Overturn an ALJ Decision?

The Social Security Appeals Council has the authority to overturn an administrative law judge (ALJ) decision. However, it’s rare for the Council to reverse an ALJ’s decision unless there’s a significant legal or procedural error, there’s insufficient evidence to support it, or the judge abused their discretion.

In some instances, rather than reverse an ALJ’s decision, the Social Security Appeals Council could remand a case. When this happens, the Council may send the case back for another hearing, either with the same ALJ or a different judge.

Those who want to ask the Social Security Appeals Council to overturn an ALJ decision may want to seek legal help. A Social Security Disability appeals lawyer can help you get your case ready to go in front of the Council. On top of that, they will remain accessible to you throughout the appeals process and help you make informed legal decisions at each stage.

When Can the Social Security Appeals Council Overturn an Administrative Law Judge’s Decision?

The Social Security Appeals Council could overturn an administrative law judge’s decision based on an error of law, a procedural error, if the decision is not supported by substantial evidence, or if the ALJ’s actions are found to be an abuse of discretion.

It can be difficult to convince the Council that any of these things may be true. Thankfully, as you go through the appeals process, you have access to legal help in the form of a Social Security Disability lawyer.

Your attorney knows the challenges that you will face as you try to win your Social Security Disability appeal. To help address these challenges, they may gather relevant evidence and develop an argument that highlights why the ALJ’s decision should be reversed. By doing so, they could boost the likelihood of getting a favorable outcome when you appeal to the Council.

How to Get the Social Security Appeals Council to Overturn an ALJ’s Decision

Social Security Disability appeals attorneys can provide you with information about requesting a review of an administrative law judge’s hearing decision.

Along with this, they may advise you to take the following steps to help show the Council that the ALJ’s decision against you should be overturned:

1. File your appeal right away. Generally, you have 60 days from receiving notice of the ALJ’s decision to submit Form HA-520, Request for Review of Hearing Decision/Order, to the Social Security Administration (SSA). With the notice of the ALJ’s decision, the SSA presumes receipt five days after the date on the notice.
2. Submit evidence. Submit evidence. You may provide the Council with new and material evidence that relates to the period on or before the ALJ’s decision. However, you must also show “good cause” for why this evidence was not submitted to the ALJ.
3. Prepare your argument. Together, you and your lawyer can craft an argument that may prompt the Council to give you a favorable decision.

Appealing to the Council may feel overwhelming, but remember, you don’t have to proceed with your appeal alone. Social Security Disability appeals lawyers can provide tips and recommendations during the appeals process. They may help you take appropriate measures to increase your chances of being approved for disability benefits.

What Will Happen After You Try to Get the Social Security Appeals Council to Overturn an ALJ Decision?

Once the Council reviews your case, it will decide whether to reverse the ALJ’s decision.

Below are the possible outcomes that you could receive from the Council:

• Overturn: This may be the optimal outcome, since it means that the ALJ’s decision has been reversed and that you will receive disability benefits.
• Remand: This is the most common outcome in Council appeals. At this point, the Council will order the same ALJ or a different judge to hold a hearing to evaluate your case and determine if a decision should be reversed.
• Denial of review: This means the Council has declined to review your case. When this happens, the ALJ’s decision remains the final decision of the Social Security Administration, and your next step would be filing an appeal in Federal Court.

A Council review is typically the final administrative stage of the SSA’s appeals process. If the Council affirms the ALJ’s decision to deny your claim, you may be able to file a lawsuit against the SSA in federal court to obtain disability benefits.

Learn More About How Social Security’s Appeals Council May Overturn an ALJ Decision

Just because the SSA’s Appeals Council can overturn an ALJ’s decision doesn’t guarantee that your denied disability benefits claim will be reversed. With guidance and support from Social Security Disability appeals attorneys, you may be well-equipped to present an argument that resonates with the Council and helps you achieve your desired outcome.

At Pilzer Klein, our focus is on winning Social Security Disability claims, one case at a time. Our team has over 50 years of combined experience and has helped thousands of clients. We can evaluate your Social Security Disability claim denial and, if warranted, help you appeal to the Social Security Appeals Council.

Give us the opportunity to assist you with the appeal of your denied Social Security Disability claim. To get started, request a free case consultation.