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My Social Security Disability (SSD) claim has been denied. I was informed that my next step in the appeals process is to file an appeal with the Federal District Court. What happens at that step in the appeals process?
This is a good question. First, let’s take a brief look at the administrative process. If you disagree with the Social Security Administration’s (SSA) initial determination regarding your SSD case, you may request a reconsideration of the initial decision within 60 days from the date of the SSA denial. If you are again denied at the reconsideration level, you may request a hearing within 60 days of the receipt of the notice of the reconsideration denial. At the hearing stage an Administrative Law Judge (ALJ) will give you the opportunity to present evidence and provide testimony regarding your impairments, your symptoms, abilities and vocational/educational/work history. The ALJ will consider the evidence and make a decision as to whether your are disabled. If the ALJ denies your claim or you disagree with the ALJ regarding, for example, the effective date of your award, you may file a request for review with the Appeals Council (AC). The AC may grant or dismiss your request for review. If the AC grants your request for review, it may grant the benefits or remand the case to the ALJ for further action, which could include an additional hearing and a new decision. If the AC denies your request for review, you may appeal to the Federal District Court (FDC) and you have sixty (60) days from the date of the AC’s decision to do so.
Your appeal to the FDC is a request that the Federal Judge or Magistrate review the prior decisions in your case made by SSA. At this stage of your appeal your attorney will argue on your behalf and attempt to demonstrate the errors that have occurred in your case and why the SSA’s determinations are incorrect. The attorneys for the Commissioner of Health and Human Services will attempt to defend the prior decision(s) of the SSA. Shortly after your appeal is filed with the FDC, the Judge/Magistrate will schedule deadlines providing the parties and counsel with the opportunity to present their arguments in writing. A copy of your entire administrative record, including all previously introduced exhibits which may include medical records, prior applications and the transcript (testimony) of your hearing (held before the ALJ) will be filed with the Court. Ordinarily, new evidence may not be considered as all arguments must be based on the facts and evidence presented in the record/file. An oral argument is not ordinarily ordered by the court and consequently, the Judge/Magistrate will issue a decision based on the record and the arguments made by counsel.
As you can see, there are many levels in the SSA appeals process. An appeal to the Federal District Court is a very complicated process and I have provided you with a very abbreviated version of what occurs at this stage of the appellate process.
Should you have any questions regarding social security benefits, or if you would like to consult with an attorney, please contact our office.