Unfortunately, it is not uncommon for an ALJ hearing to result in a decision of not disabled. If this is the case, there are additional avenues for review your disability lawyer in Augusta, Georgia may take.
Appeals Council Review
The first step for your disability lawyer in Augusta, Georgia to take is to seek a review of your claim by the Appeals Council. If the Appeals Council agrees to review your claim, it may choose to remand it back to the ALJ to review. The Appeals Council may also make a decision on review to affirm, reverse, or modify the ALJ finding. Alternatively, the Appeals Council has the option review the ALJ hearing decision at its own discretion, so your disability lawyer in Augusta, Georgia should prepare you for this possibility regardless of the ALJ hearing outcome.
During review, the Appeals Council will consider evidence that was available to the ALJ when the original decision was made. Your disability attorney in Augusta, Georgia will explain that, contrary to the ALJ hearing, at the review level it is exceedingly rare for a claimant to give testimony or for the attorney to present oral arguments to the court.
A Disability Lawyer in Augusta, Georgia on Federal Court Action
If your claim is denied review by the Appeals Council or they have reviewed and denied your claim, the next step your disability attorney in Augusta, Georgia will take is to file a civil action with the appropriate federal district court with the Commissioner of Social Security as the defendant. Like the Appeals Council, the district court here may choose to affirm, reverse, or modify the decision.
If the decision is confirmed, your disability attorney in Augusta, Georgia may then appeal to the United States Court of Appeals. If this appeal is denied, your lawyer has the option of applying for a petition of certiorari in the Supreme Court. It is very rare, though, that the Supreme Court will grant certiorari.
Success at the Appeals Stage
Appealing to the Appeals Council and U.S. Courts is a complex and time-consuming undertaking that is best handled by an experienced attorney. Finding the right disability lawyer in Augusta, Georgia is key to the success of your appeal. Call 706-737-0771 today to speak to a representative from Wilkinson & Magruder, LLP.