What Is an SSD Hearing Appeals Council Review in NY?

You’ve already been through so much. You applied for Social Security Disability (SSD) benefits. You got denied. You appealed and went to a hearing with an administrative law judge (ALJ).

Then you got denied again. Now what?

It’s time to request a review from the Social Security Appeals Council—a powerful next step that keeps your disability claim alive.

The Appeals Council’s job is to review decisions made by the administrative law judge (ALJ).

If the judge made a mistake—ignored important medical evidence, misapplied the law, or failed to consider all your health limitations—the Council can send your case back to the judge for a second look.

This kind of SSD hearing Appeals Council remand back to the ALJ is one of the most important outcomes you can hope for at this stage. It could put you back on the path to getting monthly checks, Medicare access and financial peace you need when you can’t work due to bad health.

This is a highly advanced, highly technical part of the Social Security Disability process. To build your case for the Appeals Council, you want a highly experienced disability lawyer.

At Lachman & Gorton Law Office, our Upstate New York disability attorneys have the kind of extensive experience you need for an Appeals Council review.

Not all disability lawyers handle Appeals Council cases, but we do. Our clients and other attorneys often refer Appeals Council reviews to us.

Lachman & Gorton has helped thousands of people for decades across Binghamton, Elmira, Syracuse, and all of Upstate New York. We know how to fight for another chance after a judge’s denial, and we’ll guide you every step of the way.

What Happens During a Social Security Disability Appeals Council Review?

The Appeals Council is different from everything that’s come before.

You don’t get a hearing. You don’t appear in person. The Council is located in Falls Church, Virginia, and their decision is made behind closed doors, based entirely on the written record in your case.

Here’s how it works:

  • • You must file your request within 60 days of receiving the judge’s decision.
  • • The Council will review your full case file to determine if the ALJ made a legal or factual error.
  • • You (or your disability attorney) submit a written brief pointing out those errors.
  • • In some cases, you can submit new medical evidence—but only if it relates to your condition before the hearing decision and meets strict criteria.

The Appeals Council can do one of three things:

  1. Deny review: They may decide the judge’s ruling stands.
  2. Remand back to ALJ: The most common outcome. The Council sends your case back for a new hearing with updated instructions for the judge. This is your best shot at winning benefits at this level.
  3. Award benefits directly: Rare, but possible if the evidence overwhelmingly supports approval.

A remand back to the ALJ can change everything. If your hearing wasn’t fair, or your evidence wasn’t properly considered, a remand gives you a fresh opportunity with new directions to the judge that can favor your case.

But preparing an Appeals Council request is not easy.

Your brief needs to be detailed, technical, and persuasive. The experience of Lachman & Gorton disability lawyers can make all the difference.

Get a FREE evaluation of your disability benefits appeal.

How to Request a Social Security Appeals Council Review

You have 60 days from the date you receive your hearing denial to request an Appeals Council review. The clock starts ticking fast.

When you request a review, you’ll need to explain why you believe the ALJ made a mistake and point out any inconsistencies or missing evaluations.

At Lachman & Gorton, we:

  • • Review your hearing transcript and decision letter
  • • Analyze everything in your Social Security file
  • • Identify legal errors or overlooked evidence
  • • Prepare and submit the strongest possible written arguments
  • • Track and respond to any follow-up from the Social Security Administration

We’ve guided thousands of New Yorkers through the toughest parts of disability benefits applications and appeals.

When the Appeals Council agrees to remand your case back to the ALJ, it’s a major step toward finally getting the benefits you need to stabilize your life.

Even if the Council refuses your request, you still have another chance. You can appeal your case in federal court, which Lachman & Gorton can handle, too.

Ready to take the next step?

Talk to us right away about your hearing denial.

National Organization of Social Security Claimants’ Representatives
United States District Court of Northern and Western Districts
Broome County Bar Association