What Happens After The Social Security Appeal Council Decision?Once a social security disability claim case has been sent to the social security appeal council, the claimant is likely to be sitting on pins and needles. They have typically already spent years awaiting the arrival of their social security disability insurance claim funds and this is often viewed as the very last step. If the SSAC denies the claim, many claimants give up. That is why the social security appeal council decision is so crucial. After deciding to hear a case the social security appeal council is very meticulous when it comes to their review decisions. They will take into account all the information brought before the Administrative Law Judge and will determine if he or she made the right decision. This process can take time and the claimant can only be patient while they wait for word of a decision. If the claim is thought to have basis, typically the claimant can expect one of two results. Either the SSAC will approve the claim (this is obviously the best outcome possible) or they will suggest that the case be heard in an Administrative Law Judge's presence again. Although this is obviously a better result than the appeal being denied, it can mean months of waiting for the claimant again. If the SSAC decides that the claim has no basis it will be denied yet again. This is the last step in the traditional social security appeal process but there is still a course of action available to the claimant. Once the SSAC has made their decision and issued a denial, a claimant may decide to consult with their disability attorney concerning the possibility of filing a lawsuit in federal court. This lawsuit will be refuted by the social security office and it's likely that it won't be settled out of court. The Social Security Administration has a staff of attorneys on hand to cover situations like this and they often result in the claimant having to appear in court to defend their stance. The benefit of this type of hearing is that the claimant and their attorney can call in medical experts to testify about the severity of the condition of the claimant. Naturally the opposing side will offer a differing opinion and will try to undermine the claims of the medical professionals. If a judge decides against the claimant there are still options available to them. One is to file an appeal in federal court and if this is denied, the claimant can even go as far as trying to get their case heard in the Supreme Court. If the claimant and their attorney genuinely believe the claimant is qualified to receive these benefits, pushing the claim this far in the legal system may be well worth it. |