When the Appeals Council will take your case
The Appeals Council doesn’t automatically review every case that comes its way. They’re pretty selective, actually. They’ll only grab your case if one of these things happened:
1. The Administrative Law Judge (ALJ) made a legal error
2. The decision wasn’t supported by “substantial evidence”
3. There’s a procedural issue that affects your rights
4. There’s a policy or legal question that needs addressing
Here’s the brutal truth – the Appeals Council rejects about 75% of all requests outright. They might deny your request, send it back to the ALJ for another hearing, or (rarely) approve benefits themselves. The Council typically takes 18-24 months to make a decision. Yeah, that’s a long time to wait when you’re already struggling.
The role of attorneys in federal court cases
When your case reaches federal court, you’re playing in the big leagues. This isn’t the place for DIY representation. Federal court attorneys do specialized work that’s completely different from earlier appeal stages:
- They file complex legal briefs with precise citations
- They identify technical errors in how the ALJ applied regulations
- They make constitutional arguments when necessary
- They understand federal court procedures and deadlines
Many disability attorneys won’t handle federal court cases because they require such specialized knowledge. Those who do often have backgrounds in federal litigation. Federal court attorneys typically charge 25% of your backpay (capped at $7,000) plus filing fees around $400. Expensive? Yes. Worth it? Absolutely, given what’s at stake.
Success rates at different appeal levels
The odds change dramatically depending on which appeal level you’re at:
Federal court has surprisingly good odds because judges often spot legal errors the Appeals Council missed. But here’s the catch – most federal court “wins” result in your case being sent back for another hearing, not immediate approval. The entire appeals process from initial denial to federal court can stretch 3-5 years. Many people give up before reaching federal court, which is exactly what the system counts on. Don’t be that person. The statistics show persistence pays off.