If you have been denied at your Social Security hearing in front of an Administrative Law Judge (ALJ), you may end up having to file an appeal to the Social Security Appeals Council.
In my experience handling Social Security disability cases in Colorado, it can take between 6 – 18 months to get a decision back from the Appeals Council.
However, even if you “win” the appeal, that is not the end of your case. In the vast majority of cases, the Appeals Council does not approve benefits outright. Normally, they simply send the case back for another hearing with instructions to the ALJ on what should be done next time.
When your case gets sent back to the Office of Disability Adjudication and Review (ODAR), it may take another 6-18 months for the second hearing to be scheduled.
Altogether, you may be looking at 12 to 36 months before you get another chance to present your case even if you “win” your case at the Appeals Council!
Note: wait times at the Appeals Council, and particularly at the various ODAR offices around the country, vary quite a bit, so take this estimate with a grain of salt and get up to date information from a lawyer in your area.
ssi March 1st 2009, Iam legally aware of the back pay for 24 months. so could you please let me know when it will be possible. Thank you for your time.
ssi March 1st 2009, Iam legally aware of the back pay for 24 months. so could you please let me know when it will be possible. Thank you for your time.
I'm trying to figure out what's going on with my case…..I received my UNFAVORABLE decision April 8, 2010…I submitted my written appeal to the council April 10, 2010, I called on the 15th and they told me it wuld be 2-3 months……SHE FOUND MY APPEAL! THAT DAY! SATURDAY I RECEIVED A FORM FROM THE APPEALS COUNCIL—-BOX 11 IS CHECKED FOR INTIAL ENTITLEMENT?????WHY IS THIS GOING SO QUCKLY AND WHAT DOES THIS MEAN?
MY APPEAL CASE AT THE APPEAL COUNCIL IN VIRGINIA IS STATUS CRITICAL,WHAT DOES THAT MEAN,GOOD OR BAD..HOPEFULLY GOOD..
Hopefully good (and hopefully fast!)
I WAS TOLD THAT MY CASE WAS CONSIDER CRITICAL STATUS,WHAT NOW..OR DIRE NEED…
The Appeals Council very rarely outright approves cases. They can, but it does not happen very often. The AC usually reviews the ALJ's decision to see if it legally holds up. If there is enough legal error in the decision, the AC remands (send back) the case to the hearing level so *another* hearing can be done. The AC can also provide instructions to the ALJ describing what needs to be done to correct the error(s).
I have more information about what happens at the Appeals Council here: http://www.socialsecurityinsider.com/2008/09/ho...
my appeal was granted by the AC ,the AC asking the ALJ TO MAKE A NEW DECISION,my case is a dire need.It was an error in my hearing,so my case have been sent back to the ALJ for a new decision hopefully thats good,and hopefully fast.
MY CASE IS AT THE ALJ(ODAR).IT WAS SENT BACK FOR AMANDMENT ORDER TO CHANGE THE DECISION,SO PATIENTLY WAITING(ITS A DIRE NEED CASE SO HOPEFULLY SOON.)I'M HOPING THE ALJ JUST APPROVE IT SO I CAN MOVE ON…
THE APPEAL GRANTED MY REVIEW AND SENT BACK TO THE ALJ FOR A NEW DECISION;THATS GREAT A NEW DECISION MEANS “FAVORABLE”BUT WHEN SOON I HOPE…THANKS
DID YOU HAVE AND ATTORNEY WHEN YOU FILED YOUR APPEAL OR YOU DID IT ON YOUR ON..IF BOX 11 WAS CHECKED YOU WON THE APPEAL .I GUESS..