The SSA Appeals Council

After an ALJ denial, you may appeal to the SSA's national Appeals Council. The Council reviews decisions for legal errors — it is not a new hearing.

What the Appeals Council Does

The Appeals Council, located in Falls Church, Virginia, reviews ALJ decisions for specific types of errors:

• The ALJ's decision is contrary to law or SSA regulations
• The decision is not supported by substantial evidence in the record
• There is new and material evidence that was not available at the time of the hearing
• A broad policy or procedural issue exists that may affect the general public

The Appeals Council does not review the facts de novo — it does not re-weigh evidence or hear testimony. It reviews the ALJ's decision as written against the record.

Outcomes: Denial, Reversal, or Remand

The Appeals Council has three options:

• Deny review: The most common outcome (~85%). The ALJ's decision stands. You may then file in federal district court.
• Reverse: The Council overturns the ALJ's decision and awards benefits. Rare, but it happens when the error is clear on the face of the record.
• Remand: The Council sends the case back to the ALJ for a new hearing, typically with specific instructions. This is the most favorable common outcome — you get another chance at the ALJ level.

New Evidence at the Appeals Council

You can submit new medical evidence to the Appeals Council if it is new, material, and relates to the period on or before the ALJ's decision date. If the new evidence makes the ALJ's decision appear unsupported, the Council may remand for a new hearing.

When to Consider Federal Court Instead

If the Appeals Council denies review, you can file in U.S. District Court within 60 days. Some attorneys advise clients to go directly to federal court after an Appeals Council denial rather than waiting years for a remanded ALJ hearing, particularly if the legal errors in the ALJ decision are strong and well-documented.