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Video instructions and help with filling out and completing social security appeal online
Music hi there my name is Jonathan Ginsberg I'm a social security disability attorney and today I'd like to talk to you about what it takes to win at the Appeals Council now most of the videos I've done talk about the here up to the hearing stage of applying for benefits filling out the reconsideration appeal and then go into a hearing well there are steps beyond that if you lose at your hearing you have the option of filing within 60 days of the receipt of the denial at the hearing your your unfavorable decision you can file an appeal to the Appeals Council if you lose with the Appeals Council you can file for federal into federal court the first step but I want to talk about this is the Appeals Council and basically the Appeals Council is in Falls Church Virginia and basically that's where you would appeal an unfavorable hearing decision I will tell you that the success rate of the Appeals Council is around 10% about 1% of claims are actually reversed and paid at the Appeals Council nine percent are sent back to the administrative law judge the same one who denied you with additional instructions for another hearing so one of the frustrating things is even if you win or you get your case reversed and remanded at the Appeals Council it's gonna go back to the same judge who denied you the first time so be aware of that people ask me or should I appeal or should I start a new application I'll talk about that in a different video but just be aware if you do file an appeal a it's gonna take probably two years and B if you do win your appeal and the case is remanded which is most likely the result it'll be sent back to the same judge now what are the grounds to win an appeal or to have your and you don't really win an appeal that your appeal would be granted and the case would be reversed and remanded back to the judge and again very rarely actually paid so let's mostly talk about having a reversed and remanded sent back the Appeals Council is not going to review the judge's judgement as it were so if the judge reviewed your evidence concluded that you have a herniated disk and that as a result of that you're limited to sitting for 45 minutes at a time and standing forty-five minutes at a time and you disagree and say you know I can only sit for 15 minutes at a time and I think the medical evidence shows that generally speaking the Appeals Council is not going to disturb the judges analysis of the evidence if the judge finds that you're not credible if the judge says this person has you know misrepresented things to his doctor and I find his complaints or her complaints of pain not entirely credible the