Massachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services HomeMassachusetts Legal Services Home
 

Final Decision Triggering Judicial Review

Resources in this Category

ALL Court Decisions

  Title Sort By Title, Descending Date
Westlaw Citation Sims V. Apfel

There is no Appeals Council issue exhaustion requirement. Although seeking AC review of ALJ decision is generally required in order to exhaust administrative remedies and obtain judicial review, claimant does not waive judicial review of an issue by failing to present it to the Appeals Council (provided it was raised with ALJ). Under 42 U.S.C. §405(g), claimants may only obtain judicial review after a final decision of the Commissioner after a hearing. If Appeals Council grants review, its decision is the final decision of the Commissioner. If the AC denies review, the ALJ's decision is the final decision of the Commissioner.

1/1/2000


RSS 1.0 feed of this category 

Disclaimer       ©Copyright 2003

Page took 0.108281 seconds to generate