Appealing an Unfavorable Social Security Disability Decision

by | Dec 17, 2018 | Social Security/Disability | 0 comments

In the event that you receive an unfavorable decision, you and your attorney from a disability law firm in Detroit MI can request that the Appeals Council conduct a review.

There is no guarantee that the Appeals Council will agree to review the administrative law judge’s (ALJ) decision. If the Appeals Council refuses to hear the case, the decision made by the ALJ turns into the final decision. Since this is now considered the judgment on the part of the Commissioner of Social Security, it is reviewable by court. It is possible that the Appeals Council will conduct a review of the decision, have it remanded to be heard again, issue a reversal on the decision, make modifications to the decision, or affirm the decision.

The Appeals Council Review
There are some circumstances in which the Appeals Council will conduct a review on decisions made by the ALJ, whether they are made in favor of the claims made by the claimant’s attorney from the disability law group in Detroit MI or not.

If evidence is found and that evidence predates the ALJ’s decision, the attorney from the disability law firm in Detroit MI can submit a review to the Appeals Council. If the case is reviewed, it is generally made after reviewing the record.

Despite it being allowable under the law that you or your attorney from the disability law firm in Detroit MI be heard by the Appeals Council, this rarely happens.

Options for You and Your Attorney from the Disability Law Group in Detroit MI
If there is a denial of your request to have the case heard by the Appeals Council or you receive a decision that is not favorable, you might be able to file for a civil action in U.S. District Court in the district in which you reside. If that is done, your attorney from the disability law firm in Detroit MI will name as a defendant the Commissioner of Social Security. The U.S. District Court is able to issue a reversal of the Commissioner’s decision, make modifications to it, or affirm it. This may or may not involve the decision being remanded to be reheard.

If the decision is upheld by the U.S. District Court, you and your attorney from the disability law group in Detroit MI still have the option of appealing to the U.S. Court of Appeals in the circuit of your local district court. In the event that the case is denied by the Court of Appeals, you might have the option of appealing to the U.S. Supreme Court. It has been rare that the Supreme Court has issued a writ to the lower court in Social Security cases.

Speak to an Experienced Attorney from a Disability Law Firm in Detroit MI
If you or a loved one are in need of legal advice regarding a Social Security disability case and the possibility of appealing a decision, it is imperative to have experienced representation by contacting a lawyer from a disability law firm in Detroit MI. For assistance, contact the Law Offices of Christopher Trainor & Associates at 800-961-8477 today regarding the appeals process and your options.

Christopher Trainor and Associates Featured on WXYZ

Recently Christopher Trainor and Associates was featured on WXYZ 7 Action News in Detroit regarding a client's case against the Detroit Police Department in which the client was wrongly arrested and held in jail. The full article and can be found on the WXYZ website.

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