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Can Social Security Overturn a "Fully Favorable" Decision? PDF Print E-mail
Written by Timothy Klob   
Saturday, August 13 2011 00:00

Once a decision is issued by a Social Security Administrative Law Judge, it is unlikely that the Administrative Law Judge's decision will be challenged or overturned unless the claimant chooses to seek a review through the Appeals Council.  Claimants should be aware, however, that the Appeals Council does have the right to review decisions on their own, and that the Appeals Council does on rare occasions overturn decisions on their own motion even where no appeal has been filed.  In most cases where the Appeals Council reviews and overturns a decision, however, the decision is an Unfavorable Decision or a Dismissal where it is later determined that the Administrative Law Judge failed to take sufficient evidence or where the Administrative Law Judge failed to follow proper procedure.  It is extremely rare where a Fully Favorable Decision will be reviewed and overturned by the Appeals Council on their own motion, and while claimants should be aware that this remote possibilty exists, they should also be aware that this may be why extensive medical evidence and testimony is required both prior to and at their administrative hearing even in cases that appear to clearly warrant a finding of disability.  The Klob Law Firm does everything possible to ensure that a case is fully developed for hearing, and to assist the Administrative Law Judge in fully developing the evidence at hearing, even in some cases where this requires obtaining or providing supplemental post-hearing evidence where a claimant is continuing to treat up through the date of the hearing.  If you have any questions about appeal rights, or about review by the Appeals Council, please give us a call to discuss your case and your concerns.

Copyright 13 August 2011 by Klob Law Firm (All Rights Reserved) 

Last Updated on Monday, December 10 2012 12:27
 

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Having cancer is bad enough, having to deal with a disability claim just makes the strain of therapy and healing even harder.  I was blessed in being pointed to Klob Law Firm to file my disability claim.  Their staff is second to none - Lauren is a jewel, as is all the staff.  I never felt like a client of Klob Law Firm, they made me feel like family, and they went to great lengths to assure me that things would work out okay.  And, sure enough, they did.  They were able, after two denials, to obtain a fully favorable decision in my case, disability due to chemical induced peripheral neuropathy, without having to go through a hearing, in just a year and a half, versus 2-3 years one often has to wait.  You can't go wrong with the folks at Klob Law Firm.

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