January 28, 2011
Indianapolis Social Security Attorney Scott Lewis Speaks About The Appeals Council
Indiana Social Security appeals lawyer Scott Lewis at times receives telephone calls from Indiana residents after their claim has been denied by an Administrative Law Judge (ALJ) asking what can they do next. Mr. Lewis advises his clients after they find themselves with an unfavorable decision from an ALJ they can appeal that decision to the appeals council. Again, like previous appeals in the process an individual has 60 days plus some mailing time to appeal the unfavorable decision in writing.
When you send your appeal to the appeals council what can happen next? There are essentially three different paths your appeal can take:
- The Appeals Council can deny your request. This type of denial is usually because the Appeals Council believes the Administrative Law Judge (ALJ) made a correct decision.
- The Appeals Council can decide the case itself. In Indianapolis disability lawyer Scott Lewis’ opinion, this usually happens when the evidence is very clear you are disabled and entitled to Social Security disability benefits.
- The Appeals Council can remand or return the case to an Administrative Law Judge (ALJ) for further action. Upon remand the ALJ can do a number of things including, but not limited to, asking for additional medical documentation to support your claim or decide your case favorable without any further action.
If you are denied once again at The Appeals Council level there may be further relief available. You may appeal the decision to a federal district court.
Indianapolis residents can find the claims process frustrating and confusing. Many Indiana Social Security disability claimants do not know they have a right to representation when appealing a denied Social Security disability claim. Many times, these same Indiana residents are surprised to find out that Mr. Lewis’ fee agreement is contingent, meaning there is no fee unless they win their Indiana Social Security disability appeal.