You normally testify under oath and submit additional evidence. If the ALJ denies your appeal, you request review by the Appeals Council within 60 days. The Appeals Council also may review an ALJ decision on its own initiative within 60 days after the date of the decision. The Appeals Council may affirm, modify or reverse the decision of the ALJ, or may send the case back to the ALJ for further action. SSA notifies you in writing of the final action of the Appeals Council, and of the right to obtain further review by filing suit within 60 days in a United States District Court.
Many appeals result in benefit awards.
About one-fourth of all the disability awards made by SSA are made by ALJs, when applicants appeal unfavorable lower level decisions. In recent months SSA has given state disability examiners more latitude to approve meritorious claims in the initial claim decision. At the same time, SSA is trying to restrain ALJs because the agency thinks they make too many decisions favorable to applicants. These changes mean applicants must focus their maximum effort on proving disability at the initial stage of the claim process, rather than doing a mediocre job at the initial stage and hoping to overcome an unfavorable decision by appealing. The Pds publications, Disability Workbook and Disability Evaluation in a Nutshell show what you and your doctor must do to prove your disability at the earliest possible stage.