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Old 01-02-2011, 12:44 PM
Janke Janke is offline
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Join Date: Sep 2008
Posts: 686
15 yr Member
Janke Janke is offline
Member
 
Join Date: Sep 2008
Posts: 686
15 yr Member
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Quote:
Originally Posted by legalmania View Post
You have 60 days to file with the Appeals Council. They give you 5 days from the time you received the ruling. Your attorney should request the Appeal form fill that out, send it, and then he can send the brief later. Make sure he sends all you medical history, if you can try to get a couple of new MRI's if they are not up to date get blood, get new reports from your doctors or whatever you can to prove your condition. Have your attorney go over why you were turned down by the ALJ and find where the judge or magistrate was in error.
The AC reviews the correctness of the ALJ decision to see if the ALJ followed the law. The AC is not going to look at new evidence that was not available to the ALJ. The AC might decide that the ALJ should have gotten new evidence and then remand the case, but that doesn't mean that the ALJ decision was incorrect. It could still be a denial.

There is about a 2% chance that the AC will reverse the decision and a 73% chance that the AC will affirm the denial.
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