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However, there are many instances in which the Appeals
Council may conduct a thorough review of the ALJ hearing
proceedings and do one of the following:
1) decide that the judge made a technical error or failed
to consider medical evidence, resulting in the need for
a remand (a remanded case is one that is sent back for a
second hearing). or
2) decide that the judge's decision was completely in error
and overturn the decision---resulting in an approval.
How long does an appeal take once it has been sent to the
Appeals Council?
As with every other step of the disability process, there
is no way to know. Sometimes, cases wait as long as 18-24
months for a decision of some kind to be made. Other times,
Appeals Council decisions can be made in as little as three
months.
Does an appeal to the Appeals Council require a lawyer?
No, this type of appeal may be requested by a claimant,
though typically it will be done by an attorney or representative.
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