federal court cases
important items to consider after appeals council denial
1. A denial from the Appeals Council should be appealed as soon as possible. You have 60 days to make an appeal to the Federal District Court. At this point, you are no longer involved with the Social Security Administration in that SSA will be the defendant in a lawsuit we file with you as the plaintiff. The Social Security Administration will be represented by government attorneys;
2. We will argue your case before a Federal District Court Judge or Magistrate, who will render a decision after review of all the evidence and arguments;
3. Often, people elect to not appeal and restart the process by filing a new claim, which begins a new timeline for benefits. By not appealing the Appeals Council’s decision, this will potentially result in losing a significant amount of past-due benefits. It is essential to consider remaining persistent in your claim by appealing the Appeals Council’s determination, and pursue the full amount of benefits that you are entitled to receive by going to Federal Court. By appealing, you are ensuring that the original application date will be used for calculation of the amount of past-due benefits you are eligible to receive; and
4. You will have NO initial cost associated with filing the case in Federal Court if we represent you in the case. Bringing your case to Federal Court does require a filing fee, however, we will seek an order that allows this to be waived if you are unable to afford the fee. A Federal Judge determines whether you satisfy the waiver requirements. To eliminate any cost barriers for you, should you not satisfy the waiver requirements, we will advance the filing fee provided we represent you in the Federal Court case.
the federal court decision will result in one of the following:
1. The Federal Court approves your claim for benefits. Unless the government appeals, your claim will be sent back to the Social Security Administration for the processing of benefits; OR
2. The Federal Court does not uphold the Administrative Law Judge’s denial, but there is not enough information to be able to determine your disability. The Federal Court returns the case to the Social Security Administration with instructions for a new hearing; OR
3. The Federal Court rules in favor of the Social Security Administration. This decision can be appealed to the Ninth Circuit Court of Appeals if appropriate. In the alternative, you could consider filing a new claim. A decision to appeal to the Ninth Circuit Court or reapplying depends on the particular circumstances of your case in their entirety.
if you would like to discuss your denial and potential appeal with no initial cost, please provide the following:
