What Are the Common Reasons for Suing Social Security?

Most people don’t need to sue Social Security directly, as most issues can be resolved through the appeals process. However, in some cases, legal action might be necessary. Some reasons you might consider suing Social Security  include:

• Improper denial of benefits: If your application for Social Security Disability, Supplemental Security Income (SSI), or Social Security retirement benefits was denied and you’ve exhausted all appeals, you may have grounds to file a lawsuit in federal court.
• Delays in processing claims: Social Security is known for long processing times, but in some cases, extreme delays can cause harm or undue hardship. If your claim has been delayed far beyond what is reasonable, you might be able to file a suit for a faster resolution.
• Improper calculation of benefits: If Social Security has miscalculated the amount of benefits you are entitled to receive, a lawsuit may be necessary to correct the mistake.
• Discriminatory practices: If you believe that Social Security has discriminated against you based on your race, gender, disability, or another protected status, you might have grounds for a lawsuit under federal anti-discrimination laws.

Exhaust Administrative Remedies First

Before you can file a lawsuit against Social Security, you must first exhaust all available administrative remedies. This means you must go through the entire appeals process with the Social Security Administration (SSA). The process typically includes:

• Initial application: If your application for benefits is denied, you’ll receive a denial letter explaining the reason.
• Reconsideration: If your claim is denied, you can request reconsideration, where another examiner reviews your case.
• Administrative Law Judge (ALJ) hearing: If your reconsideration is denied, you can request a hearing with an ALJ who will review your case in more detail.
• Appeals Council review: If the ALJ denies your claim, you can request a review by the Social Security Appeals Council.

If after these steps, your claim is still denied or unresolved, you have the option to pursue a lawsuit in federal court.

How Do I Sue Social Security in Federal Court?

If your claim has been denied at all levels of the appeals process and you still believe the decision was wrong, the next step is to file a civil lawsuit in federal district court. Here’s how you can do it:

• File a Complaint: You must file a complaint with the appropriate federal court. This is a formal document that outlines why you believe Social Security’s decision is incorrect and what relief you are seeking.
• Time Limit: You have a limited time to file a lawsuit after your claim has been denied by the Appeals Council. Typically, you must file within 60 days of receiving the final decision from the SSA.
• Legal Representation: While it’s possible to represent yourself, it’s strongly recommended to hire an attorney experienced in Social Security law to help you navigate the process. A lawyer can help you understand the legal aspects of your case, file the correct paperwork, and represent you in court.

What Happens After I File a Lawsuit?

Once you file your lawsuit, the court will review the case, focusing on whether the SSA made a legal error in their decision-making process. The court does not re-evaluate the facts of the case or reconsider the medical evidence, but instead reviews whether the SSA followed the proper procedures and applied the law correctly.

• Judicial Review: The court will conduct a judicial review of your case, including all evidence presented to the SSA. They may decide to:
• Uphold the SSA’s decision.
• Send the case back to the SSA for further review.
• Overturn the decision and award benefits.
• Outcome: If the court rules in your favor, they may order the SSA to approve your benefits or resolve your case in another way.

Can You Sue for Damages?

Social Security lawsuits typically don’t result in monetary damages or compensation for emotional distress. In most cases, the goal of a lawsuit is to correct the decision made by the SSA and receive the benefits you’re entitled to. The court can order Social Security to award back benefits or reconsider your claim, but you usually won’t receive extra compensation beyond that.

Can I Sue Social Security for a Delay?

If Social Security has caused an unreasonable delay in processing your claim, you may be able to take legal action, but this can be tricky. To sue for a delay, you must show that the delay was unreasonable and that it has caused harm. This often requires proving that the delay was so excessive it violated your rights or caused undue hardship.

In some cases, court orders can help expedite the process, but this is not common and depends on the circumstances of your case.

Seek Legal Assistance

Suing Social Security can be a complex and challenging process. To ensure the best chance of success, you should consider consulting an attorney who specializes in Social Security law. An attorney can help you:

• Evaluate your case: Determine whether legal action is the best route or if there are other ways to resolve your issue.
• Prepare your case: Help you gather evidence, file your complaint, and navigate the court system.
• Represent you in court: Provide expert representation in federal court to increase your chances of winning.