Do I Have Options After an Appeals Council Denial?
If the Social Security Administration (SSA) Appeals Council reviews a Social Security Disability (SSD) case and denies your request, you may appeal your case in federal court. You have only 60 days from the Appeals Council denial to file a lawsuit in a federal District Court.
At the Law Offices of Coats & Todd, we represent individuals in Fort Worth and throughout Texas who seek to appeal their SSD cases in federal court. Our attorneys have more than 40 years of experience fighting for SSD benefits. For a free initial consultation, please call 800-856-1031 or contact us online today.
You Can File a Lawsuit in Federal Court
If you take your case to federal court, it is the end of the SSA administrative process and the start of the civil action process. If you decide to take this step, you need a lawyer who has experience with federal court SSD appeals.
If the Appeals Council denies your claim or dismisses your request, your attorney can file a lawsuit in the United States District Court for the judicial district in which you live. There is a 60-day deadline from receiving the Appeals Council denial to file the lawsuit.
You do not appear in federal District Court. Your attorney will submit a written brief, and a federal appeals judge will review the record of your entire case. The judge can deny your appeal, remand the case to the Appeals Council or an administrative law judge (ALJ) to review for errors of law, or grant your request for benefits.
If the judge denies your appeal, you may then file your case with the 5th Circuit U.S. Circuit Court of Appeals. As in the U.S. District Court process, you do not appear in court at this time. We will prepare and submit a written brief on your behalf. The Court of Appeals may decide to order another hearing on your case or it may deny your appeal.
At this stage, your final recourse is to appeal to the U.S. Supreme Court. You should be aware, however, that it is extremely rare for the Supreme Court to hear an SSA case.
Appealing Your Fort Worth Case in Federal Court
If you live in the Fort Worth area, please call our office at 800-856-1031. We offer free initial consultations.
