Q: What happens to a disability case when Appeals Council dismissed request for review but refers evidence back to ALJ?
I filed an appeal to Appeals Council late for a disability case. I had a major surgery shortly after my hearing with an Administrative Law Judge. I reached out to my attorney I had at the time about the decision on case but he never got back with me. I submitted the appeal breif myself late along with more medical records. The appeals council dismissed my request to review because they said my excuse wasn't good enough. They stated cases can be reopened for good cause and they are referring the evidence back to the ALJ to see if that changes the decision. What does this mean for my case? Should I file a federal case?
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A:
When the Appeals Council dismisses your request for review but refers the evidence back to the Administrative Law Judge (ALJ), it means they did not accept your reason for a late appeal but found your new medical evidence significant enough for reconsideration. This referral indicates the ALJ will re-examine your case in light of the new evidence provided.
For your case, this could mean a potential change in the ALJ's initial decision if the new evidence supports your disability claim. The ALJ will review the additional medical records and determine if they warrant altering the original decision.
Considering whether to file a federal case is a significant decision. It might be beneficial to discuss this option with a new attorney, who can give you personalized advice based on the specifics of your situation and the new developments in your case.
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