Your Path to a Federal Social Security Disability Appeal
Before you reach federal court with your SSD appeal, you go through these steps within Social Security:
- Applying for benefits but getting denied
- Asking Social Security for a reconsideration of the denial
- Taking your claim to a hearing with a Social Security administrative law judge
- Asking the Appeals Council at Social Security to review the judge’s decision
Only after all that do you go to federal court.
You’re going outside Social Security and filing a lawsuit against it. Officially, you’re suing the Commissioner of Social Security.
Here are two important points to consider:
- A major reason to do this is to preserve your original disability application date. That way, when your benefits are approved, you’ll get more back pay covering a longer period.
- You cannot add new information to your claim at this stage. In the federal appeals process, the judge focuses on reviewing your previous disability denials.
If your medical condition has sharply changed since your last appeal, you may need to weigh whether it’s better to go to federal court or reapply for benefits.
A decision like that takes someone with experience in disability law.
You can get Wells, Manning, Eitenmiller & Taylor disability lawyers to provide an initial review of your case at no cost to you.
How Does the Federal Appeals Process Work?
This is what happens in a federal court disability appeal:
- Your lawyer files your lawsuit in United States District Court.
- Your lawyer submits documents arguing that Social Security made mistakes when it denied you.
- The court only considers evidence that’s already in your claim record.
- The federal judge reviews the materials in your Social Security file and the previous decisions rejecting your benefits.
- The federal appeals process mostly happens through paperwork. You probably won’t have a live conversation with the judge.
What happens next?
The federal judge can deny or award your benefits. Or the judge could order Social Security to reopen your case and change its decision.
This is a long path for you. But we make sure you’re not on it alone.
If you work with our firm on your initial application, you’ll be able to stay with the same firm to the end. If another firm you’ve been working with can’t assist you with a federal court appeal, you can come to us to discuss your options.
THERE’S NO FEE UNTIL YOU WIN BENEFITS.
The payment for back benefits and monthly disability income going forward sure would make your path ahead easier.
We’re with You Every Step of the Way
Whether you’re trying to determine if you’re qualified for disability benefits, you need help filing your application, or you received a denial notice and want another chance, our law firm helps from the beginning and stays by your side.
Have a Question about Disability Benefits?
Your health is bad. You can’t work. Your financial stability is threatened. So your head is swimming with questions. How will you get by? How does Social Security Disability work? We’ve gathered answers. See them here:
Disability FAQs »
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