What happens at this stage
The Appeals Council is a body of administrative appeals judges in Falls Church, Virginia, that reviews ALJ decisions. After an ALJ denial, you have 60 days to file a Request for Review (Form HA-520). The Council reviews the written record — there is no in-person hearing.
Most cases the Appeals Council reviews are affirmed (the ALJ decision stands). About 13% are remanded back to the ALJ for further proceedings, typically because the Council found legal errors or insufficient evidentiary development. About 2% are reversed outright with benefits awarded. The remaining cases are affirmed or dismissed.
Wait times for an Appeals Council decision run 12 to 18 months. Most decisions arrive as short denial letters; remand orders are more substantive and identify what the ALJ needs to fix on the second look.
What you need to do
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File within 60 days
Submit Form HA-520 within 60 days of receiving the ALJ decision. Filing later requires a good-cause showing and is risky.
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Submit a written brief identifying legal errors
The Appeals Council reviews for legal errors, abuse of discretion, lack of substantial evidence, or new evidence not previously considered. A written brief identifying the specific errors in the ALJ decision is essential — without it, the Council typically affirms quickly.
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Submit new and material evidence (with caution)
The Council accepts new evidence only if it’s “new, material, and relates to the period at issue.” Evidence from after the ALJ decision is usually rejected as not relating to the relevant period. Be selective.
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Continue medical treatment
While the Appeals Council review is pending, keep up with your treatment. If the case is remanded back to the ALJ, the updated record will be reviewed. If the case proceeds to federal court, recent records help establish the trajectory.
What we do at this stage
At the Appeals Council stage, our work is primarily legal-analytic:
- Review the ALJ decision line-by-line for legal errors — improper Listing analysis, mischaracterized medical evidence, inappropriate credibility findings, flawed VE hypotheticals, ignored treating physician opinions
- Identify and brief the specific legal errors using Council precedent and SSA Rulings
- Submit any new evidence that meets the “new, material, and relevant to the period” standard
- Track the appeal and respond to any Council requests
- Prepare for federal court appeal in parallel, since most Council denials lead to federal court
Colorado-specific notes
The Appeals Council is a national body, so there are no Colorado-specific procedural differences at this stage. However, certain Colorado-specific legal issues come up — particularly when ALJs at the Colorado Springs office (with its lower approval rate) make errors in evidentiary weighting that are reviewable. The Council remands a percentage of Colorado cases each year for proper Listing analysis or proper application of the medical-vocational grids.
Frequently asked questions
What are the chances the Appeals Council will reverse my ALJ denial?
Statistically: about 2% reversal, 13% remand to the ALJ for further proceedings. The rest are affirmed or dismissed. Cases with strong legal-error arguments fare better than those that simply ask for re-weighing of evidence.
Can I submit new medical evidence to the Appeals Council?
Only if it’s “new, material, and relates to the period at issue” — meaning the period from your alleged onset date through the ALJ decision. Records from after the ALJ decision generally aren’t admissible at this stage. They can support a new application if needed.
How long does Appeals Council review take?
Typically 12 to 18 months from filing. Some cases take longer.
What happens if the Appeals Council remands my case?
Remand sends the case back to the same ALJ (or sometimes a different one) with instructions on what to fix. The ALJ holds a new hearing, considers the additional evidence or analysis the Council ordered, and issues a new decision. Remanded cases approve at higher rates than the initial hearing.