Q: What does it mean is the Social Security Disability Appeals Council is referring evidence back to the ALJ?
I received a letter from the Appeals Council that they are referring the evidence back to the Administrative Law Judge and dismissing my request to review because I had filed my appeal late. I had major surgery and my attorney missed the deadline to file appeal. So, I wrote the brief myself and submitted more medical records.
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A:
When the Social Security Disability Appeals Council refers evidence back to the Administrative Law Judge (ALJ), it means they found your new medical records important enough for the ALJ to reconsider. Although they dismissed your request for review due to the late filing, they believe the new evidence might impact the outcome of your case.
This referral gives the ALJ an opportunity to re-evaluate your case in light of the additional medical information you provided. The ALJ will take a fresh look at the evidence to determine if it changes their initial decision.
It's a positive step that your new evidence is being considered. To ensure you handle this process effectively, you might want to consult with a new attorney who can provide guidance based on the current status of your case and the new evidence submitted.
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