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89 (1991).Ī substantial fraction of the disability benefit cases filed with the U.S. The distinction has important consequences for the award of attorney's fees under the Equal Access to Justice Act. § 405(g) and remands upon a court's conclusion that the Agency decision was not supported by "substantial evidence" or did not conform to law are covered by the subsection's fourth sentence, the two types of remand are commonly referred to as "sentence six" and "sentence four" remands. Because "new evidence" remands are authorized in the sixth sentence of 42 U.S.C. Sec’y of Health & Human Servs., 745 F.2d 831 (3d Cir. The statute provides that the court can, at any time, remand the case for the consideration of new evidence, upon a showing that the new evidence in question "is material" and that there was "good cause for the failure to incorporate … into the record." 42 U.S.C. This is only for the purpose of deciding whether to send the matter back to the Agency for further proceedings. While district judges (or magistrate judges acting on their behalf) conduct their review solely on the basis of the administrative record, the Act does authorize them to consider evidence that was not presented to the Social Security Administration. As elaborated in decades of subsequent decisions, the lower federal courts have construed "substantial evidence" review as necessarily demanding scrutiny of the articulated grounds of the Agency's final decision. 389 (1971) (quoting Consolidated Edison Co. such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Years ago, the Supreme Court defined that critical phrase in the Social Security context as "more than a mere scintilla. 2015).Ĭlaims of lack of "substantial evidence" are the more frequent basis for judicial appeals. Most commonly, however, legal questions concern the compliance of a benefit determination and the procedure by which it was reached with the Social Security Administration's own regulations. Judicial review of an unfavorable benefit determination is restricted to questions of law and whether the decision is supported by "substantial evidence." Questions of law include challenges to the Agency's interpretation of the Act. The same is true of the Agency's discretionary decision not to accept an untimely hearing request or reopen an earlier application. For example, a remand decision by the Appeals Council exercising its authority to review an ALJ decision on its own motion is not reviewable. Since only final decisions of the Social Security Administration "made after a hearing to which … was a party" are subject to judicial review, numerous agency actions and failures to act are not. (By regulation that is presumed to have occurred "5 days after the date of such notice, unless there is a reasonable showing to the contrary." 20 C.F.R. It limits review to final agency decisions based on a hearing, and requires that the action be filed in the federal district court for the district in which the claimant resides within 60 days after receipt of notice of the final decision. In establishing the framework for judicial review of benefit determinations, the Social Security Act also circumscribes it, specifically precluding judicial review under other federal statutes.
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It sets out the standard of review and establishes jurisdiction. § 405(g), furnishes the framework for this judicial review. The Social Security Act itself, in 42 U.S.C.
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See SSA, Appeals to Court as a Percentage of Appealable AC Dispositions. That amounts to approximately one in seven appealable Social Security Appeals Council dispositions. In a year's time, over 18,000 district court actions involving Social Security and Supplemental Security Income decisions are filed. Cornell Law School Judicial Review A Social Security Law Guide 1.