You waited 2 years for a hearing before a Social Security judge in Virginia. You went to the hearing and told your story. You won and were awarded benefits.
But now, a few months later, you have received a letter from the Appeals Council (AC) stating that it has reviewed your case. It wants to overturn the decision and take away your disability benefits. It is sending your case back to the judge for another hearing. You didn’t appeal your case; why is this happening?
Though the federal government is shutdown and many employees have been furloughed, the AC has a staff of about 60 people in its Division of Quality. This division’s job is to review fully favorable and partially favorable decisions that were not appealed.
The AC randomly selects about 1% – 2% of the favorable and partially favorable decisions made each year for review. The AC examines the case record and hearing testimony to determine if the judge or advisor’s decision is supported by substantial evidence. If the AC finds thtat the decision is not supported by substantial evidence, it will notify the claimant and representative of the action it is proposing and why.
What should you do if you receive a letter from the Appeals Council recommending a corrective decision?
You have 25 days from the date of the AC letter to submit additional evidence or a position statement. The AC will review your submissions before it issues its final action.
For a free case evaluation, call or email Virginia Social Security Disability Lawyer Corey Pollard. He has helped hundreds of clients in Richmond, Newport News, Petersburg, Norfolk, Fredericksburg, Northern Virginia, Williamsburg, Charlottesville, and Roanoke get the disability benefits they deserve.