WHAT IS THE APPEALS COUNCIL (AC)?

If your disability claim is denied by an administrative law judge at a hearing, your next appeal is with the Appeals Council (AC). This is a panel of appellate judges headquartered in Falls Church, Virginia.

Neither you nor your attorney will appear before the AC. Everything is submitted on paper. The AC will assign a judge (sometimes two) to review the administrative law judge's decision. The AC is not trying to re-decide whether you are disabled or eligible for benefits. It is only concerned with whether you received a fair hearing and whether the judge violated any Social Security rule or regulation. If the Council finds that the hearing was fair and no rule was violated, they will uphold the denial or refuse to review the appeal further.

So what are the odds at the Appeal Council?

12 to 14 percent will be sent back to the administrative law judge for a new hearing or further action. This is called a "remand."

1 or 2 percent of denials will be overruled and benefits will be awarded.

The other 84 or 85 percent will be denied by the AC and the administrative law judge's denial stands.

Thus, you see why we say: You need to win at the hearing level--because it is your absolute best chance in the entire process.