Effect of Appeals Council's decision or denial of review

CurrencyCurrent through May 31, 2023
Citation 20 C.F.R. §404.981
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330 cases
  • Bragg v. Colvin, CIVIL ACTION NO. 1:16-CV-00086-HBB
    • United States
    • U.S. District Court — Western District of Kentucky
    • December 28, 2016
    ...of the ALJ's decision (Tr. 1-5). At that point, the ALJ's decision became the final decision of the Commissioner. 20 C.F.R. §§ 404.955(b), 404.981, 422.210(a); see 42 U.S.C. § 405(h) (finality of the Commissioner's decision). Thus, the Court will be reviewing the decision of the ALJ, not th......
  • Callahan v. Kijakazi
    • United States
    • U.S. District Court — Eastern District of California
    • February 22, 2023
    ...Council, which denied review on February 2, 2022. (AR 1-6.) Therefore, the decision became the final decision of the Commissioner. 20 C.F.R. §404.981.III. LEGAL STANDARDA. Applicable Law An individual is considered "disabled" for purposes of disability benefits if he or she is unable "to en......
  • Reece v. Saul, CIVIL ACTION NO.: 4:18-CV-02624
    • United States
    • U.S. District Court — Southern District of Texas
    • July 24, 2019
    ...Council denied review on May 15, 2018 (Dkt. 9-3 at 2-6), and the ALJ's decision became the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481. 2. Standard for District Court Review of the Commissioner's Decision Section 405(g) of the Act governs the standard of review in......
  • Haws v. Berryhill, CIVIL ACTION NO. 4:17-CV-00114-HBB
    • United States
    • U.S. District Court — Western District of Kentucky
    • June 5, 2018
    ...of the ALJ's decision (Tr. 1-4). At that point, the ALJ's decision became the final decision of the Commissioner. 20 C.F.R. §§ 404.955(b), 404.981, 422.210(a); see 42 U.S.C. § 405(h) (finality of the Commissioner's decision). Thus, the Court will be reviewing the decision of the ALJ, not th......
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3 books & journal articles
  • The Importance of Specialist Medical Consultants in the SSA Disability Determination Process: Analysis and Proposals
    • United States
    • Iowa Law Review No. 102-3, March 2017
    • March 1, 2017
    ...the appeal, then the decision of the ALJ is the final decision of the SSA. Only then can the claimant file an appeal in federal court. Id. § 404.981. 74. Id. § 404.1520(a)(4); see also id. § 404.1615(a) (explaining that when a DDS official determines whether a person is disabled, she must f......
  • Section 4 Office of Disability Adjudication and Review
    • United States
    • The Missouri Bar Practice Books Social Security Administration Practice and Procedure Guidebook Chapter 1 Overview
    • Invalid date
    ...decision. See I HALLEX div. 3 (Appeals Council review process). To appeal this decision, the claimant filesan action in federal court. 20 C.F.R. §§ 404.981 and 416.1481. The claimant is usually the plaintiff, and the SSA Commissioner is usually the defendant. See I HALLEX div. 4 (civil...
  • Section 4 Office of Disability Adjudication and Review
    • United States
    • The Missouri Bar Practice Books Administrative Law Deskbook Chapter 22 Social Security Administration Practice and ProcedureSocial Security Administration Practice and Procedure
    • Invalid date
    ...decision. See I HALLEX div. 3 (Appeals Council review process). To appeal this decision, the claimant filesan action in federal court. 20 C.F.R. §§ 404.981 and 416.1481. The claimant is usually the plaintiff, and the SSA Commissioner is usually the defendant. See I HALLEX div. 4 (civil acti......