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IL disability lawyerThere are typically four stages to the Social Security disability application process. First, the applicant receives an initial determination of their eligibility. If the initial determination finds the applicant is not disabled, they may ask for reconsideration of that decision. If Social Security still rejects the claim, the applicant may request a formal hearing before an administrative law judge (ALJ). If the ALJ rejects the application, the fourth and final step is to ask for a review from the Social Security Administration's Appeals Council.

If even after all four steps, Social Security still denies a disability claim, the applicant can then seek “judicial review,” i.e., file a lawsuit in federal court. The Social Security Act expressly guarantees the right to judicial review of “any final decision … after a hearing.”

When Is a Social Security Decision Final?

The U.S. Supreme Court recently weighed in on what exactly the law means when it says “any final decision” can be appealed to the court. More precisely, if the Appeals Council dismisses a fourth-step appeal due to a procedural issue, is that a “final decision” that can be reviewed by a judge.

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