Final Decision Triggering Judicial Review
Resources in this Category
| Title | Date | ||
|---|---|---|---|
| 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 | ||





