top of page


Sometimes a Judge doesn’t agree that you are disabled.  When that happens there are ways to appeal the Judge’s decision.  

Appeal of the ALJ Decision

Should you receive an unfavorable decision before the ALJ and are now calling us, we can file for a review of the ALJ’s decision for you.  The Appeals Council will either deny the request if it feels the hearing decision was correct or will decide the case itself or return it to the ALJ for further review.


Approximately 14% of cases are remanded back to the ALJ for further review.


The appeals council approves less than 1% of the cases that their review is requested.  Our office has been successful in getting approvals from the Appeals Council.

Hide and Seek
social security benefits application
Hide and Seek
approved disability claim

Federal Court Review 

The federal court is limited in what they can do with an appeal of the ALJ decision and a refusal of the Appeals Council to send the case back to the ALJ.  The Federal court cannot decide that the decision of the ALJ was wrong because the facts support a different decision.  So long as “the findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive, and where a claim has been denied by the Commissioner of Social Security or a decision is rendered under subsection (b) hereof which is adverse to an individual who was a party to the hearing before the Commissioner of Social Security, because of failure of the claimant or such individual to submit proof in conformity with any regulation prescribed under subsection (a) hereof, the court shall review only the question of conformity with such regulations and the validity of such regulations.”


If the facts of the case are supported by the record in any way, even if more evidence supports a different conclusion, the court will not return the matter as the ALJ’s decision was based on the evidence in the file.  This is a high bar for claimants to reach, and if you are contemplating going this way, it is in your best interest to talk to an attorney before filing.


As with all the prior steps, the claim must be filed with the federal district court within 60 days of the denial from the Appeals Council.

bottom of page