What if the Judge Denies the Claim?

If your social security disability case has been denied by the Judge, undoubtedly you are very disappointed; many attorneys do not appeal cases beyong the hearing level. Some will appeal to the Appeals Council the next step of appeal, very few appeal will appeal a case to Federal Court, the next step after that.We have filed over 1000 appeals to Federal Court--in fact, many attorneys ask US to handle their appeals for them, making us the "lawyers' lawyer" for Federal appeals of Social Security cases.

Purpose of the Appeal

In any appeal, there are several important things to keep in mind. First, an appeal is not another attempt to prove that the client is disabled; rather, it is an attempt to prove that the ALJ committed significant errors in saying that the client was not disabled. While this sounds like the same thing, it isn't.

For instance, an appeal does not involve any additional hearings where the client testifies or describes their medical problems, and except in exceptional circumstances new medical evidence cannot be submitted to the Appeals Council or to a Federal District Court. Rather, the client must show that the ALJ decision is flawed based upon the evidence that was in the file at the time of the decision. Evidence that the client's medical condition has worsened, or evidence of a new medical condition that did not exist when the ALJ made the decision, would not be considered in an appeal. However, when we are appealing our client’s cases we almost always advise that they file a new claim also, because in that case we can present new evidence. This gives the client, in essence, two chances to be successful.

Starting with the Appeals Council

The first level of appeal if an ALJ denies the claim is to the Appeals Council, which is the Social Security appeals court and is the last appeal available within the Social Security Administration. The appeal to the Appeals Council must be filed within 65 days after the date the ALJ denied the claim. The appeal is made on a simple form and while written arguments are permitted, they are not required. An appeal can be filed by contacting the local Social Security office or may be filed online (contact SSA), or via fax (703.605.8021). Appeal decisions from the Appeals Council take anywhere from several months to, in some cases, several years.

Federal Court Appeals

If Appeals Council denies the appeal, the next step is to file a complaint in Federal District Court. In effect, at this point, the client is suing Social Security for their benefits. A Federal Court complaint can be filed only after the Appeals Council denies benefits, within 65 days of the date of the Appeals Council denial.

Although there are clients who file a Federal Court appeal on their own ("pro se"), at this point the case is moved outside of the Social Security Administration and outside of Social Security’s client-friendly rules. A Federal Court appeal is real litigation and the vast majority of cases pending in Federal District are filed by attorneys rather than clients representing themselves. As we mentioned above,we have filed over 1000 appeals to Federal Court. Don't give up yet, if you have been denied by a Judge and feel like you have nowhere to turn.

Please feel free to review a list of the most recently decided federal court appeal cases in which we have been involved and view, if you would like, a sample of some of the briefs we have prepared on behalf of our clients in federal district court by following the link provided below.