Quote:
Originally Posted by Janke
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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They do consider additional evidence, I have written two briefs myself and one was sent back to the ALJ and one was approved by the Appeals Council. I used new information to prove my clients have not gotten better in the 15 months it took to review their cases. I did help with a third Appeal but that was a survivors case and this was at the Federal Level and won.
http://ssa-custhelp.ssa.gov/app/answ...eals%20council