Appeals Council form letter denial
I was talking to a woman who was upset with her attorney. Her Social Security case had been denied at the hearing level. The Administrative Law Judge did not think she was disabled. With her attorney’s help, she appealed to the Social Security Appeals Council.
After months and months, her appeal was denied. Even more than being denied, she was upset that her lawyer could not tell her why she had been denied.
We discussed that there is no way the attorney could know. When the Appeals Council denies an appeal, all you get is a form letter that says in part:
We found no reason under …
Can I win my disability case at the Social Security Appeals Council?
You have been denied disability benefits by an Administrative Law Judge at your Social Security hearing. You filed an appeal with the Social Security Appeals Council. If they approve the appeal, you can get your disability benefits? Right?
Probably not.
The Social Security Appeals Council generally looks at three things:
Was there an error of law? Did the Judge apply the wrong standard, or misapply a standard?
Were the Judge’s actions, findings and conclusions supported by substantial evidence?
Is there as broad policy or procedural issue which may affect the general and public interest?
Of these three, the Appeals Council (AC) mostly deals with legal error.
Why am I …
Dependency in Children’s Social Security auxiliary benefit cases
Children of disabled parents, who receive Social Security Title 2 Disability Insurance Benefits (DIB), may be entitled to auxiliary benefits. However, Social Security has a number of requirements:
(a) General. You are entitled to child’s benefits on the earnings record of an insured person who is entitled to old-age or disability benefits or who has died if—
(1) You are the insured person’s child, based upon a relationship described in §§404.355 through 404.359;
(2) You are dependent on the insured, as defined in §§404.360 through 404.365;
(3) You …
