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HALLEX I-4-101
Office of Hearings and Appeals
Social Security Administration (S.S.A.)
Department of Health and Human Services

Volume I
Division IV: Civil Action
Subject: New Court Cases
Chapter: I-4-100

June 30, 1994

Current through June 1997

I-4-101 INTRODUCTION TO JUDICIAL REVIEW OF SOCIAL SECURITY CASES

The right to file a civil action for judicial review "after any final decision of the Secretary made after a hearing" is based on the provisions of sections 205(g), 1631(c)(3), and 1869(b) and (c) of the Social Security Act. Under these provisions, the Secretary must file, as part of the answer to a complaint filed by a claimant, a certified copy of the administrative record on which the Secretary based the final decision. After the Secretary files the certified administrative record with the court and both sides submit briefs, the court may dismiss the case or may affirm, modify, or reverse the Secretary's decision or remand for further proceedings. The Act provides for the judiciary to apply a substantial evidence test when reviewing the Secretary's final decision; i.e., the "findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive...." After the final judgment of the district court, either side may appeal the case to the Court of Appeals and ultimately, to the U.S. Supreme Court.

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