[matthewgreen9628]

Hi. I had received a Fully Favorable Decision from an ALJ eight months ago.
However, six months later, the Payment Center send the decision to the Appeals Council as a Bureau Protest because an error was found in the decision.

For further clarification, my Hearing had involved an Overpayment on Disability. I am still receiving Benefits.

Could anybody tell me the different time frames involved in the Appeals Council reviewing a Bureau Protest as opposed to an Appeal that a claimant willing files?

Also, since more than sixty days have passed since the ALJ's decision, does not the decision become closed and would thus have to be reopened by the Appeals Council and how does that fact figure in the Appeals Council's decision process?

Finally, since more than 110 days have passed since the ALJ's decision, does not the Payment Center have to process the decision anyway, while awaiting a response from the Appeals Council? Or does the 110 days rule only apply to those cases involving the acquiring of benefits and not a strictly overpayment related case?

Thank You.

[Janke]

Could anybody tell me the different time frames involved in the Appeals Council reviewing a Bureau Protest as opposed to an Appeal that a claimant willing files?

Don't think there are any. If there are, it is not published anywhere.


Also, since more than sixty days have passed since the ALJ's decision, does not the decision become closed and would thus have to be reopened by the Appeals Council and how does that fact figure in the Appeals Council's decision process?

No. The decision is not final until the Appeals Council makes a decision. Otherwise what is the point of any appeal?

Finally, since more than 110 days have passed since the ALJ's decision, does not the Payment Center have to process the decision anyway, while awaiting a response from the Appeals Council? Or does the 110 days rule only apply to those cases involving the acquiring of benefits and not a strictly overpayment related case?

Interim benefits are payable at the 110th day. You are already being paid so there is nothing that should change on the 110th day. There are no interim overpayment refunds payable on the 110th day. SSA is not going to write off an overpayment or refund money to you when the decision is not final.