Thursday, July 26, 2018

Is your case at the Social Security Appeals Council?

Attorney Charles Hall in North Carolina has advised:

"Your Get Out Of The Appeals Council Jail Free Card     I said in an earlier post that I thought that because of the Supreme Court decision in Lucia v. SEC that the Appeals Council might as well go ahead and remand virtually all the cases it has pending. Another attorney at my firm pointed out to me the reason why they have little choice, as long as a Lucia objection has been filed with the Appeals Council. They can’t realistically raise the objection that you failed to raise the issue before the ALJ because in Lucia v. SEC itself (slip opinion at 3), the objection was only raised before the Securities and Exchange Commission itself after the ALJ decision. Theoretically, one could say that issue was never considered by the Supreme Court but that's theoretical rather than an argument Social Security is at all likely to raise. Social Security can’t say that its ALJs are different from the SEC's ALJs since the Solicitor General memo has conceded that they aren't.

     If you've got a case pending at the Appeals Council and you haven't already filed a Lucia objection, 
you'd better do so right away. Like today."


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