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How Many Appeal Levels Are There
ANSWER: There are three levels of appeal. They are:
1. Hearing By An Administrative Law Judge
If you disagree with the initial decision, you may ask for a hearing on the "disability"
issues of your claim, such as whether you are disabled, when your disability began or whether
it has ended. An administrative law judge who had no part in the first decision about your
case will conduct the hearing.
The hearing is usually held within 75 miles of your home. The administrative law judge will
notify you of the time and place of the hearing.
You and your representative, if you have one, may come to the hearing and explain your case in person. You may look at the information in your file and give new information.
The administrative law judge will question you and any witnesses at the hearing. You or your
representative also may question the witnesses.
It is usually to your advantage to attend the hearing. If you do not wish to do so, you must
tell the SSA in writing that you do not want to attend. Unless the administrative law judge
believes your presence is needed to decide the case, he or she will make a decision based on
all the information in your case, including any new information given.
After the hearing, the SSA will send you a letter and a copy of the administrative law judge's decision.
2. Appeals Council
If you disagree with the hearing decision, you may ask for a review by Social Security's
Appeals Council.
The Appeals Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will
either decide your case itself or return it to an administrative law judge for further review. You will receive a copy of the Appeals Council's decision or order sending it back to an
administrative law judge.
3. Federal Court Review
If you disagree with the Appeals Council's decision or if the Appeals Council decides not to
review your case, you may file a lawsuit in a federal district court.
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