Under previous law, unless a claimant specifically raised an issue at an administrative hearing or at the Appeals Council, it could not be raised for the first time if the case was appealed into federal court. The Appeals Council is a mandatory paper-file review of the administrative hearing decision, an interim review required before a claimant can appeal into federal court after being denied.

The Appeals Council requires only a one-page form for filing an appeal, with three short lines for stating the reasons for appeal. The US Supreme Court said that a claimant does not give up the right to have issues reviewed in federal court if an issue is not clarified at a lower appeal level.

Many claimants are un-represented at early stages of a claim, perhaps even through a hearing. Approximately 50% of claimants go through the administrative hearing without an attorney and some then try to appeal the hearing decision. Social Security has never notified claimants of the need to fully identify possible issues. An un-represented claimant, or one with inexperienced counsel, would have no notice of the importance of this requirement.

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