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Claim Denied - 2nd/3rd/4th Level Appeals
2nd Level Appeal - Hearing before an ALJ
If your request for reconsideration is denied, you can then make a request for your claim to be heard by an Administrative Law Judge (ALJ). This type of hearing is not adversarial; it is just you, your lawyer (or representative), the ALJ and perhaps a few witnesses appearing on your behalf.
During the hearing, the ALJ will consider the evidence you supplied to the court, your testimony and your witnesses testimony.
After the hearing the ALJ conducts a thorough review of your record and provides a written decision, either favorable to you, partially favorable to you or unfavorable to you.
APPEALS COUNSEL REVIEW
If your claim is denied by the ALJ, you then have an opportunity to appeal to the Appeals Counsel Review. The Appeals Counsel will review your case if:
- There was an abuse of discretion by the ALJ;
- There was an error of law;
- The actions or conclusions of the ALJ were not supported by the
evidence;
- There is a policy or procedural issue that might affect the public;
- There is new and material evidence.
FEDERAL COURT APPEAL
If the Appeals Counsel Review does not find in your favor, you can then pursue a review in Federal Court.
