The Disability Benefits Appeals Process: Federal Appeal
Posted on behalf of Phillips Disability, P.C. on Aug 31, 2015 in Appeals
If you have completed all of the levels of the Social Security disability benefits appeals process and either disagree with the decision of the Appeals Council or if they chose not to review your case, your final option for appealing a disability benefits denial is to file a civil lawsuit at the Federal Court level.
Once you have reached this point, you have exhausted every option for appeal with the Social Security Administration (SSA) and moved onto your final option for an appeal. You will have 60 days from receipt of a decision from the Appeals Council to file a civil action with the U.S. District Court in your area.
A civil complaint will detail the statements of facts and allegations to inform the court of what your case is about. The court will then issue a summons, which you must serve to the SSA at one of their designated locations.
Next, you will file an opening brief explaining your position to the court, and the SSA will file a response brief detailing their position on why the denial should be upheld and you should not receive benefits.
From there, the federal judge has three options for deciding the case. He can remand the case, by sending it back to be reconsidered by another administrative law judge (ALJ). He can affirm the ALJs decision, ultimately denying your claim. Or he can reverse the ALJs decision and approve your benefits.
Appealing a Social Security disability benefits claim is a very complicated process. It is in your best interest to hire a disability benefits lawyer who can guide you through each level of the appeals process and make sure that you are well represented every step of the way.
The team of legal professionals at Phillips Disability have years of experience dedicated to appealing denied disability benefits claims. We can help you get the benefits you need.
To get started in appealing your denied claim, call 1-800-503-2000 for a free consultation.