What is the SSA Appeals Council and when should I appeal to it?

After an ALJ issues an unfavorable or partially favorable decision, your next step is requesting review by the Appeals Council (AC), located in Falls Church, Virginia. The AC is run by administrative appeals judges who review ALJ decisions for legal error.

Deadline: You have 60 days from the date you receive the ALJ decision (SSA presumes 5 days for mail, so 65 days total). Missing this deadline forfeits your right to appeal — unless you can show good cause for the delay.

What the AC looks for:

• The ALJ abused discretion
• The decision contains an error of law
• The ALJ’s findings are not supported by substantial evidence
• There is a broad policy or procedural issue that affects the general public
• New and material evidence exists that was not available at the hearing (20 C.F.R. §404.970)

Outcomes: The AC can (1) deny review — the ALJ decision stands; (2) grant review and issue its own decision; or (3) remand the case back to an ALJ for a new hearing. Most AC requests result in denial of review, which is why the brief and evidence submission must be strategic.

Many attorneys treat the AC as a stepping stone to federal court rather than expecting a reversal. A well-written AC brief identifies the legal errors that give a federal judge grounds to remand. We handle AC briefs as part of our full representation.

No fee unless we win — and that same 25% federal cap applies at the AC level.