If you were unable to win Social Security benefits even after going through the reconsideration process, Administrative Law Judge (ALJ) hearing, and Appeals Council review, do not lose hope. You still have an opportunity to claim your benefits from the Social Security Administration (SSA).
You can apply for disability benefits by requesting a Federal Court Review which represents the final stage of the appeals process. It is essential to take the disability claim for Federal Court review immediately after its rejection by the Appeals Council.
In this article, we will discuss the process of federal court review. And explore why seeking the assistance of an experienced SSDI lawyer may be beneficial at this stage.
Overview of Federal Court Review
Federal Court Review is the last option for those who are well into the review process for their Social Security disability benefits, such as Supplemental Security Income (SSI) or SSDI.
When the Appeals Council either doesn’t review the case or doesn’t give the claimant benefits, the claimant can file a civil suit in federal court and ask for their case to be reviewed by a U.S. District Court judge.
There are three general outcomes when you reach that point:
- You lose the lawsuit
- Your case is remanded
- The court mandates the payment of benefits
The third possibility is the least likely of the three.
Appeal Process to Federal Court
A claimant has a limited amount of time to initiate a lawsuit in federal court after receiving a negative Appeals Council decision. A disability claimant must take legal action in the federal district court for the county where they reside or conduct most of their business.
The claimant has 60 days from the date of notice of the rejection to file an appeal if the Appeals Council rejects SSI or SSDI benefits or refuses to hear the claimant’s case.
If the case was sent back to an ALJ for a second hearing and the ALJ again denied the claimant’s benefits, the claimant has 65 days from the date on the ALJ’s rejection form to file an appeal.
Federal Court Review Process
Federal court reviews are notoriously difficult to understand and navigate. Therefore, those who are applying for disability benefits may benefit from hiring an experienced disability attorney to represent their case.
An individual who wishes to appeal a denial of disability benefits from the Social Security Administration must first have an attorney file a “complaint,” which formally initiates the legal process.
The claimant files suit against the SSA because, in essence, the claimant is suing the SSA for rejecting his or her disability benefits. When a claimant files a complaint with the Social Security Administration, the agency’s attorney will write a response called an “answer,” explaining why the claimant is not entitled to benefits.
After that, the judge in charge of the claimant’s case in district court will review the records and might make a decision based on that.
Sometimes, the judge will ask for an oral argument, which means that the claimant or his lawyer has to present their case to the judge. At the hearing, the claimant’s disability attorney will present the arguments in support of the claimant’s eligibility for disability benefits.
The lawyer will discuss the claimant’s medical condition and refer to relevant laws that may be used to secure the claimant’s disability benefits. The Social Security Administration’s lawyer can also present arguments on the agency’s behalf.
After the conclusion of the claimant’s oral argument, the judge will make a decision regarding the outcome of the case based on the facts that he or she has heard. There are three possible rulings the judge could make:
- The court could maintain the Appeals Council’s judgment
- The court could send the matter back to the Social Security Administration for further examination
- The court could rule in favor of the claimant and award disability benefits.
Timeframe for Federal Court Review
The federal district court may take up to two years to issue a ruling following the hearing. This is because federal district courts are exceptionally busy due to their demanding workloads.
If the federal district court rules in your favor and orders an award of benefits, you will start receiving your regular monthly disability benefit check and a substantial lump payment to cover the time you waited to hear back (back pay).
Do I Need a Lawyer for a Federal Court Review?
Federal district court reviews for Social Security benefits (SSI and SSDI) are legally complex and often frustrating. The main responsibility of a federal judge is to look for flaws in the ALJ’s ruling. Thus, these legal flaws need to be properly highlighted to build a strong case for your benefits.
If you don’t have an attorney to represent you, you’ll have to draft the briefs yourself and argue that the ALJ erred in making their decision. This may be nearly impossible and implies that you certainly need a disability lawyer.
An experienced disability lawyer will file the necessary civil complaint, draft the necessary documents, and argue the case in court if necessary. Finding a disability attorney before submitting your request for federal review is strongly recommended if you want to improve your chances of success.
Should I Go for a Federal Court Review?
Those who are unfamiliar with the judicial system may feel intimidated at the prospect of bringing their case to federal court. Plus, the chances of being approved for Social Security disability benefits at this stage are also very low. But it’s important to note that some chance is better than none at all and everyone is entitled to state their case.
Additionally, there are two things you must remember. First, you may have to pay money to go to the federal court of appeals. Second, judicial appeals can take a long time since civil lawsuits are tedious and federal judges are very busy. It may take a year or more to hear back about your appeal.
Conclusion
Obtaining Social Security benefits demands patience and dedication, especially during the appeals process. Keep in mind that a Federal Court review is the final opportunity for claimants to secure the financial support they need when suffering from a disability that keeps them from being able to work. And this final stage demands timely action and professional guidance.
