Fighting The SSA To Secure The Benefits You Deserve
Can you imagine taking the Social Security Administration to court? It’s a big step, but disabled people who have been denied benefits do it every day and win impressive, life-altering victories.
If you have been turned down by the Appeals Council and wish to appeal, you must file a complaint in Federal District Court within 60 days from the date you received your denial from the Appeals Council.
Social Security Appeals To Federal Courts
This complaint must then be served on the Social Security Administration. An SSA lawyer will respond to the complaint with a transcript of previous hearings. Your lawyer will provide the court with a written argument. A series of briefs are then filed with the court:
- An opening brief: your rationale for receiving benefits
- A response brief: the SSA saying why your request should be refused
- A reply brief: in which you counter the arguments in the response brief
If the court requests oral argument, a hearing is held in front of a judge. Or the judge may simply decide the case based on the briefs. Decisions do not come quickly, as judges are extremely busy. Count on your decision taking as long as a year.
The court may decide to send your case back to the SSA, affirm its decision to deny benefits, or overthrow the SSA’s decision and award benefits to you.
Federal District Courts In Greenville, Elizabeth City, Raleigh
As with all things relating to the SSA, the process is lengthy and aggravating. But we can tell you, from past experience, your chances of success are excellent at this stage, provided you are represented by a capable, experienced SSD/SSI lawyer like Susan M. O'Malley of O’Malley Tunstall PLLC, of Raleigh, North Carolina.
To learn more about appealing disability benefits rulings, call the Raleigh federal court appeal lawyers at O’Malley Tunstall PLLC at 252-823-2266, 919-277-0150 or toll free 800-755-1987. Or write to our attorneys using this online form.