How to Win at the Appeals Council

If you lose your #SocialSecuritydisability hearing, you do have the right to appeal that #unfavorabledecision. Within 60 days after receiving the unfavorable you can file Form HA-520 which is a request for review by the #AppealsCouncil.

As I discuss in this video, the Appeals Council is located in Falls Church, Virginia and appeals are considered by an appellate judge there.

Statistically, only about 10% of appeals filed at the Appeals Council are granted - 90% are denied. So the odds are not great. Further, the Appeals Council may take 1 to 2 years to reach your case.

Understand further that the Appeals Council judge will not second guess the hearing judge’s interpretation of the #evidence. For example, if the judge concludes that you can sit for 30 minutes at time and need only one unscheduled break per week, but you say that you can only sit for 10 minutes at a time and need 5 unscheduled breaks per week, the Appeals Council will reverse the judge.

Instead, the Appeals Council is looking for errors in the judge’s analysis of your claim. For example, if the medical record contains extensive evidence of back pain supported by an abnormal MRI, but the judge makes no mention of back pain or limitation of movement in his questions to the vocational expert, that would be reversible error.

If you are over 50, with an 8th grade education and an unskilled work background but the judge makes no mention of the #gridrules that would be reversible error.

Under Social Security’s rules, if you file an appeal to the Appeals Council you cannot simultaneously start a new application so you should make your decision about whether to appeal an unfavorable hearing decision after consulting with your #disabilitylawyer.


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Jonathan Ginsberg
Social Security Disability Attorney
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Telephone: 800-890-2262
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