Appeal

In most jurisdictions if you are accused and convicted of a criminal charge you may have the legal right to file an appeal. An appeal allows you to ask a higher court to review the lower court's findings. You cannot, however, present any additional evidence. The appeals court is strictly reviewing the procedures and decisions of the lower court. For instance, they can review whether or not the lower court gave incorrect jury instructions or allowed evidence which should not have been admitted.

If the higher court, or Appellate Court, agrees to the appeal they can either grant you a new trial or they can decide your case should be dismissed. Talk to a criminal lawyer if you have been convicted of a crime and you are considering filing an appeal. Rules vary by jurisdiction, but if you wait too long to file an appeal you will waive your rights. Criminal lawyers can help draft the appropriate legal appeals documents.

Disability and Appeal

The Social Security Administration has established an appeals process to reevaluate the thousands of Social Security Disability Insurance and Supplemental Security Income applications which are denied.

If a claimant is denied at the application level the first appeal is a reconsideration. The reconsideration must be requested within 60 days from the date of the SSA denial letter. It allows another SSA disability examiner, who did not evaluate the claimant's first application, to review the initial SSDI or SSI claim.

If the SSDI or SSI claimant is denied a second time they may request another appeal and have their case reviewed by an Administrative Law Judge (ALJ) at a Social Security Disability hearing. At the hearing the ALJ will review the SSI or SSDI case and decide to deny or award disability benefits. Further appeals can be made to the Appeal's Council if necessary, although cases are generally not won at this level. The Appeal's Council is the final appeal step within the SSA appeal system, and they have the authority to review the case, remand it back to the Administrative Law Judge or refuse to review it. All further appeals after the Appeals Council must be made in federal court.