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Appeals Council – practice note

By Gordon Gates on June 27, 2008
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If your disability claim is denied after a hearing with an administrative law judge, you have the right to request review of that denial by the Social Security Appeals Council. The appeal must be taken within 60 days of the date of the ALJ’s unfavorable decision. You can read more about the Appeals Council review process here.

Writing an Appeals Council request for review is something of an art form. I think the “two minute rule” is the best way to approach your appeal. You should write your request for review so that the person reviewing the appeal can tell in two minutes that the judge made an error, and that the claim should be remanded for a new hearing.

To accomplish this, make pinpoint cites to the ALJ’s decision – give the page, the paragraph and the line number for each alleged error in the decision. Also give a pinpoint cites to the exhibits – by exhibit number, page and paragraph – that demonstrate that the judge erred. And if you are citing to a digital recording of a hearing, you can cite to the hour, minute and second of the statement you want to reference. Accurate, pinpoint citations save a great deal of time for the person reviewing the appeal.

As always, keep your argument short and focused. My requests for review are rarely over three pages.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
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