why won't social security lawyer take case to federal district court

by Dr. Ruth Kub Published 3 years ago Updated 2 years ago 9 min read

You must prove that the Social Security’s decision was either not based on the proper law or not based upon substantial evidence. This incredibly difficult standard is why only a few cases are appealed to Federal Court and why so few attorneys can, as Susan has done repeatedly, prevail in Federal Court.

Full Answer

Can I sue the Social Security Administration in federal court?

The Court sends your case back to the SSA to receive additional review. It’s possible the Federal District Court will deny your claim. If this happens, there's still an additional option. Your attorney will likely discuss with you the value of taking the case to Federal Circuit Court.

Can the SSA help me with a federal appeal?

Apr 21, 2022 · Second, the federal appeals process can be lengthy as civil suits take time and federal judges have very heavy workloads. As a result, it can take up to a year or more to receive a decision regarding your appeal. We offer a free, initial consultation to evaluate your disability claim. Call us at 800-419-7606 to schedule a consultation.

What happens after the SSA has been served with an answer?

In many cases, the most common reasons that a person is denied SSA benefits is because they did not meet the requirements for a particular benefit, failed to pay sufficient social security taxes, or did not satisfy the age threshold or medical criteria.

Who is the defendant in a complaint against the Social Security Administration?

Federal Court Review Process. If you disagree with the Appeals Council's decision, or if the Appeals Council decides not to review your case, you can file a civil suit in a Federal district court. This is the last level of the appeals process. The civil action is filed in the district court of the United States for the judicial district in ...

What happens after a federal court kicks my SSI case back to the ALJ?

The federal judge will review the transcript of your hearing and the same medical evidence provided to the ALJ for that hearing. Once both sides have concluded the briefs and oral arguments, the federal judge will review the case to determine if the ALJ or AC made a legal error when they made the decision to deny you.

What are the chances of winning a Social Security appeal?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.Jun 24, 2021

How do I fight a Social Security decision?

Appeal forms are available for download at www.ssa.gov/forms. You can also call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), or contact your local Social Security office to request appeal forms be sent to you.

Can an ALJ decision be overturned?

Can an ALJ Decision Be Overturned? The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council.

What percentage of Social Security disability claims are denied?

approximately 63 percent

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

Who approves Social Security disability?

The field office is responsible for verifying non-medical eligibility requirements, which may include age, employment, marital status, or Social Security coverage information. The field office then sends the case to a DDS for evaluation of disability.

Can you get kicked off Social Security disability?

Social Security disability benefits are rarely terminated due to medical improvement, but SSI recipients can lose their benefits if they have too much income or assets. Although it is rare, there are circumstances under which the Social Security Administration (SSA) can end a person's disability benefits.

How often does SSI review your case?

If improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years. Your initial award notice will tell you when you can expect your first medical review.

Can your disability be taken away?

Recipients of SSDI and SSI can have their disability benefits taken away for many reasons. The most common reasons relate to an increase in income or payment-in-kind. Individuals can also have their benefits terminated if they are suspected of fraud or convicted of a serious crime.Mar 14, 2017

What usually happens to decisions of administrative law judges?

Although an administrative law judge will usually make a decision, the administrative law judge may send the case to the Appeals Council with a recommended decision based on a preponderance of the evidence when appropriate.

What does unfavorable disability mean?

Typically, the judge finds that the medical evidence does not support disability, that you were not credible, or that while you have some medical impairments they do not limit you so significantly to completely disable you under SSA's laws, regulations and rules. You will not be receiving disability benefits.Apr 4, 2020

Is an administrative law judge's decision final and binding?

If no exceptions are filed, the judge's order becomes the order of the Board. An administrative law judge's decision is not binding legal precedent in other cases unless it has been adopted by the Board on review of exceptions; these judges function much like trial court judges hearing a case without a jury.

What to Know About Appealing in Federal District Court

It’s important to understand that appealing at the Federal level isn’t free. You may not have paid out any fees when requesting Reconsideration and a hearing before a judge because your disability advocate or attorney likely worked on a contingency fee basis. But when you take your case to Federal District Court, you have to pay to file your case.

Cuddigan Law Can Help

If you need help appealing your SS disability claim and/or have reached the point of decision about whether to file your claim in Federal District Court, you need skilled legal representation. Contact the attorneys at Cuddigan Law.

What to expect at a Social Security hearing?

For Social Security disability claimants deep in the appeals process, a Social Security Disability Hearing in federal court is the last stop on the road to obtaining disability benefits. After a claimant is either denied review or denied benefits by the Appeals Council, ...

What happens after a claim is denied?

After a claimant is either denied review or denied benefits by the Appeals Council, the claimant may appeal further by filing a civil suit in federal court to be heard before a U.S. District Court judge.

How to appeal a Social Security denied claim?

There are four main steps that a person can take if they believe they have been wrongly denied SSA benefits. The process for obtaining relief or appealing decision under the rules of the SSA is as follows: 1 First, they may re-submit their application for reconsideration. They can do this by filing their original application with their local social security office where their claim will be reviewed and they may submit any new evidence. 2 Next, if the local social security office denies their re-submitted application, they may request an administrative law hearing where an independent administrative judge will be assigned to review the claim. 3 If the administrative judge also denies the claim, then the individual may appeal by requesting that the Social Security Appeals Council review the claim and issue a final ruling. Here, the Council may outright deny the claim based on the record and the decision issued by the administrative law judge, may ignore the request, can remand it to the administrative law judge for further review, or will review the claim themselves. 4 Lastly, while the Council’s decision may be final, an individual may challenge the outcome by filing a lawsuit against the SSA in their local federal district court. The federal district court will then review the case and make a final determination on the claim. This is the very last step that a person can take to have their decision appealed or reversed.

Why do people get denied Social Security benefits?

What is the SSA?

The Social Security Administration (“SSA”) is an agency of the federal government that provides financial protection for millions of people throughout the country. This includes those who have been diagnosed with chronic illnesses or disabilities, veterans, retirees, children whose parents are deceased, and survivor spouses.

What are the different types of Social Security benefits?

In general, there are five main types of Social Security benefits under SSA laws. These include: Retirement benefits: Retirement benefits are a type of replacement income that gets paid to retirees who qualify for such benefits.

Can I get SSI if I am over 65?

Some people who are over 65 years of age and not disabled may also qualify for SSI benefits if they meet the proper financial threshold. The federal income payments that an eligible recipient can receive is intended to pay for items that are considered basic needs, such as housing, groceries, and clothing.

What age does Medicare cover?

Medicare: Medicare is a health insurance program that primarily provides benefits to individuals who are 65 years of age or older.

What happens if you disagree with the Appeals Council decision?

If you disagree with the Appeals Council's decision, or if the Appeals Council decides not to review your case, you can file a civil suit in a Federal district court. This is the last level of the appeals process.

Where do you file a civil action?

The civil action is filed in the district court of the United States for the judicial district in which you live or where you have your principal place of business. If you do not live within a judicial district or if you do not have your principal place of business within a judicial district, the civil action must be filed in ...

What does the judge do in a case?

The judge may decide to do any of the following: Remand the case. Sometimes a federal judge will remand, or send back, a claim to the ALJ to be reconsidered. When this happens, the judge will often direct the ALJ to look at factors and issues that were not fully considered in the original hearing and decision.

How long do you have to appeal a court decision?

You have 60 days from the date of the Appeals Council decision to appeal. This is done by filing a civil complaint with the United States District Court in your area. A civil complaint is a brief statement of facts and allegations that tell the court what your case is about.

What is a response brief?

A Response Brief is the SSA's chance to explain why you are wrong and why the ALJ's decision was correct. After you (or your lawyer) may file a Reply Brief, which is one last chance to defend your position and point out weaknesses in the SSA's argument.

How long does it take to get an oral argument?

This process can take at least a year.

What is an opening brief?

A brief is a legal document that explains a your position in detail to the court. In an SSA appeal, the first brief filed by the claimant (you) is called an Opening Brief. An Opening Brief analyzes the ALJ's decision in light of the medical evidence and any testimony, and aims to persuade the federal judge that the ALJ failed to properly consider ...

What is the SSA appeal?

The Social Security Administration (SSA) offers a number of levels of appeal to challenge the reduction or denial of a claim for Social Security disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.

How long does it take to file a federal appeal?

You must file a federal lawsuit within 65 days of the Appeals Council’s decision.

Kathleen Marie Flynn

It is not a question of whether Federal Court or the ALJ has more weight. On a rare occasion, US District Court (Federal Court) will make a fully favorable decision on its own without sending the case back to ODAR to be heard, again, by an ALJ.

Paula Brown Sinclair

Appeals are based on an objection to the application of the law after the factual record is closed. Appeals are won when the appellate court finds that the lower (trial) court applied the wrong law, or incorrectly applied the right law to the facts in the record.

Jack J. Adams

What you want to federal court is basically an appeal. This means that the federal court thought something was done inappropriately by the ALJ and now the case is been sent back to The ALJ to address the concerns of the court. In the jurisdiction in which I practice it takes 5 to 7 months for a remanded case to be heard again.