Appeals Process

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Part 1

 Describe the five steps in the appeals process. Why is this process important? Do you think it is effective in its current state? Explain your answers. The five steps in the appeals process are  redetermination, reconsideration hearing, administrative hearing, Appeals Council review and federal courts review. In redetermination one decides and writes a plan to have their case reconsidered. Reconsideration hearing is the review of claim and is done in the presence of the person filing for the appeal.

Administrative hearing is done before a judge and this is where the witness tries to give information about the case. Appeals council either decides to send the case back to the administrative court, review or reject it if according to them the right decision was made at the administrative hearing (Social security, 2008). In the federal court, ones case is determined by a federal judge.  The appeals process is important because it gives an individual another chance in their case. It is effective since it gives a step by step way of case hearing and thus enables one to include evidence that they feel is favorable.


Part 2

 What are the deciding factors for an appeal to be heard? Do you think these factors are appropriate and fair? Why or why not? Explain your answers. For an appeal to be heard, the factors to be considered include the following. Whether the offense is serious in such a way that it demands a reconsideration. If courts differ in interpreting the case, then it can be appealed. There are some decisions that if unchallenged would weaken the criminal law enforcement and thus the need for appeal.

If less resources are required for appeal rather than pursuing the case, then appealing is the best option. However, the weight that these factors are dependent on conditions of different cases. In my opinion, this is fair since cases for appeal will not be determined on the basis of race, color, sex, political opinions or religion. Further, it is not the personal feelings of the counsel that determine the case.


Reference

Social security, (2008). The appeals process. Retrieved on February 18, 2011 from: http://www.ssa.gov/pubs/10041.html.


James Peter is the author and is associated with meldaresearch.com which is a global custom thesis writing  provider. If you would like help in essays, research papers, term papers and dissertations, you can visit BestEssaySite.Com


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