Getting denied at your disability hearing feels devastating. You waited months or years for that hearing. You testified about your limitations. You thought the judge would understand. And then the denial letter arrives. But this isn’t the end. You have the right to request Appeals Council review‚ the next level in the Social Security disability appeals process.
The Appeals Council won’t give you another hearing, and approval rates are very low. But filing this appeal is a necessary step if you want to continue fighting for your benefits. More importantly, it positions you to take your case to federal court where success rates are much higher.
What Is the Appeals Council?
The Appeals Council is a review board within Social Security’s Office of Hearings.
How the Appeals Council Works
This level operates very differently from what you’ve experienced before:
It’s a paper review only. You don’t get another hearing or chance to testify.
No new evidence is heard in person. The Council reviews written documents, not live testimony.
They look for legal errors. The Council checks whether the judge followed proper procedures and legal standards.
They review the judge’s decision. They’re not making a new decision from scratch‚Äîthey’re evaluating whether the judge’s decision was correct.
Think of the Appeals Council as a quality control check on the judge’s decision, not a new opportunity to prove your case.
What the Appeals Council Can Do
When they review your case, the Council has several options:
Deny your request for review. This is what happens in about 80% of cases‚Äîthey simply refuse to review the judge’s decision.
Remand your case for a new hearing. They send your case back to a different judge to hold a new hearing.
Approve your claim themselves. This is extremely rare‚ less than 1% of cases.
Modify the judge’s decision. They might change parts of the decision without sending it back.
Most likely, they’ll either deny review or remand your case for a new hearing. Direct approvals almost never happen.
The Harsh Reality: Low Success Rates
You need to understand the statistics before getting your hopes up too high.
The Appeals Council Numbers Are Discouraging
Appeals Council success rates are very low:
About 80% of requests are denied entirely. The Council refuses to even review most cases.
About 15-18% are remanded for new hearings. The case goes back to a judge—not approved, but you get another chance.
Less than 1% are approved outright. Direct approval by the Appeals Council is extremely rare.
About 2% result in other outcomes. Modifications or dismissals.
If you were counting on the Appeals Council to approve you, these numbers should adjust your expectations.
Why Appeals Council Success Rates Are So Low
The Appeals Council is designed to catch only serious errors:
They defer to the judge on credibility. If the judge didn’t believe your testimony, the Council won’t second-guess that decision.
They use a “substantial evidence” standard. If any reasonable person could have reached the judge’s conclusion based on the evidence, the Council won’t overturn it.
They focus on legal errors, not disagreements. Just thinking the judge was wrong isn’t enough‚ you must prove the judge made a legal mistake.
The system is built to uphold most judge decisions, not reverse them.
Why File an Appeals Council Request Anyway
Given the low success rates, you might wonder if it’s worth bothering. The answer is almost always yes.
It’s Required Before Federal Court
You cannot skip the Appeals Council and go straight to federal court:
Federal court requires exhausting administrative appeals first. This means going through every level of Social Security’s internal appeals process.
The Appeals Council is the final administrative level. You must file this appeal before you’re allowed to sue in federal court.
Missing this step closes the federal court door. If you don’t request Appeals Council review, you lose your right to federal court appeal.
Even knowing you’ll probably lose at the Appeals Council, you must file this appeal to preserve your federal court rights.
It Preserves Legal Issues for Federal Court
Your Appeals Council brief serves an important purpose even if the Council denies review:
It identifies the legal errors the judge made. These become the issues you raise in federal court.
It creates a record of your arguments. Federal court sees that you properly preserved these issues.
It strengthens your federal court position. A well-written brief helps your federal court case even if the Council ignores it.
An experienced attorney uses the Appeals Council stage strategically‚ building the foundation for your federal court appeal.
Some Cases Do Win at This Level
While rare, some cases succeed at the Appeals Council:
Clear legal errors get remanded. If the judge obviously violated Social Security rules, the Council may send it back.
New evidence of significant worsening sometimes helps. If your condition deteriorated dramatically after the hearing, the Council might remand for consideration of this evidence.
Multiple errors together can result in remand. Even if no single error is huge, several mistakes combined may convince the Council to act.
The Appeals Council Process Step by Step
Understanding what happens at this level helps you know what to expect.
Filing Your Request for Review
You must file within 60 days of receiving the judge’s denial:
The deadline is strict. Missing it means you lose your appeal rights.
You file a written request. There’s a specific form to complete.
You should submit a brief explaining the errors. A detailed legal argument greatly improves your chances.
Your attorney handles all of this filing work and writes the legal brief arguing why the judge’s decision was wrong.
What Happens After You File
Once your request is submitted, your case enters the Appeals Council queue:
Your case is assigned to an Appeals Council analyst. This person reviews your file and makes a recommendation.
The review takes 6-12 months on average. Some cases take longer depending on the Appeals Council’s backlog.
There is no hearing and no testimony. Everything happens on paper.
You wait for a written decision. The Council eventually mails you their ruling.
During this waiting period, there’s nothing you can do except ensure the Council has all relevant evidence.
The Decision Arrives
Eventually you receive the Appeals Council’s written decision:
If they deny review:
- The judge’s decision stands. Your claim remains denied.
- You can appeal to federal district court. You now have 60 days to file a lawsuit.
- This is the most common outcome. About 80% of cases end this way.
If they remand for a new hearing:
- You get another hearing before a new ALJ. Your case will usually be heard by the same judge
- This gives you a second chance. Many people win on remand with proper preparation.
- You will not go to the back of the line. Waiting for the new hearing usually does not take as long a the first time. Cases that have been remanded by the Appeals Council receive expedited scheduling.
If they approve you (very rare):
- You win. Benefits are awarded immediately.
- Back pay is calculated. You receive everything you’re owed from your disability onset date.
What Makes a Strong Appeals Council Case
Since success rates are low, you need every advantage possible.
Clear Legal Errors by the Judge
The Council looks for specific types of mistakes:
- The judge ignored or misapplied Social Security regulations. Rules exist for how cases must be decided‚ violations can result in remand.
- The judge rejected your treating doctor’s opinion without good reason. Treating physicians’ opinions must be given special weight.
- The judge didn’t properly apply grid rules. For people over 50, these rules often determine the outcome‚ errors can be reversed.
- The judge relied on flawed vocational expert testimony. If the vocational expert’s testimony was incorrect, that’s appealable.
An experienced attorney knows how to spot these errors and argue them persuasively.
New Evidence of Worsening
The Council may consider new medical evidence in limited circumstances:
The evidence must show significant deterioration. Minor changes won’t matter.
It must relate to the period on or before the judge’s decision. Evidence about your condition after the hearing date usually doesn’t count.
It must be material to the outcome. The evidence must be significant enough that it could have changed the result.
You must explain why it wasn’t submitted earlier. You need a good reason for not providing it to the judge.
If your condition has seriously worsened since your hearing, new medical evidence might make a difference.
A Well-Written Legal Brief
The brief your attorney submits is critical:
It must identify specific legal errors. Vague complaints won’t work‚Äîyou need to pinpoint exactly what the judge did wrong.
It must cite proper legal authority. Social Security regulations, court decisions, and agency rulings must support your arguments.
It must be well-organized and persuasive. The Appeals Council analyst must be able to follow your reasoning easily.
It must explain why the errors require remand or reversal. Show how the mistakes affected the outcome.
Writing effective Appeals Council briefs requires specialized legal expertise. This isn’t something you can do yourself.
Why You Need an Attorney at This Level
The Appeals Council stage is entirely legal argument. It’s not about telling your story‚ It’s about proving the judge made legal errors.
This Is Pure Legal Work
Without legal training, you cannot effectively handle an Appeals Council appeal:
You must identify which legal standards the judge violated. This requires deep knowledge of Social Security law and regulations.
You must research and cite controlling legal authority. You need to know which court cases and agency rulings support your position.
You must write a persuasive legal brief. This is a specialized skill that attorneys develop over years.
You must understand what arguments work at this level. Different appeals levels require different strategies.
Trying to handle this yourself virtually guarantees failure.
Don’t Give Up at This Stage
The Appeals Council’s low approval rates discourage many people. They assume losing here means losing permanently. That’s not true.
The Appeals Council is just a required stepping stone to federal court, where your next chance of success lies.
Call us today for a free consultation about your Appeals Council case. We’ll review the judge’s decision, identify the legal errors, and fight for your benefits through every level necessary.
You’ve come too far to give up now. Let our 25+ years of experience guide you through the Appeals Council and prepare your federal court case. No fees unless you win.
