Understanding the Situations Where You Can Sue Social Security

There are several scenarios where you might consider legal action against the SSA:

• Wrongful Denial or Delay of Benefits: If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits has been wrongfully denied or delayed, and the appeals process has not worked out in your favor, you might have grounds to sue.
• Improper Handling of Your Case: If you believe that the SSA has mishandled your case, such as making errors with your records or incorrectly calculating benefits, this can also be a reason to take legal action.
• Failure to Follow Legal Procedures: If you believe that the SSA has not followed the correct legal procedures or has acted in bad faith, you may have grounds to pursue a lawsuit.
• Discriminatory Practices: If you feel you’ve been discriminated against by the SSA based on age, race, gender, disability, or other protected characteristics, you may be able to sue for discrimination.

The Legal Path for Suing Social Security

If you decide to sue the SSA, the legal process is different than regular lawsuits. Here’s what to expect:

Exhausting Administrative Remedies First

Before you can file a lawsuit, you must first exhaust all administrative remedies. This means that you must follow the SSA’s internal appeals process for any decisions or disputes related to your benefits. The process typically involves the following steps:

1. Reconsideration: If your application is denied, you can request a reconsideration. This means your case will be reviewed by a different examiner who may overturn the original decision.
2. Hearing Before an Administrative Law Judge (ALJ): If reconsideration doesn’t lead to a favorable outcome, you can request a hearing before an ALJ. The ALJ will review your case in person and make a final decision.
3. Appeals Council: If you disagree with the ALJ’s decision, you can request the Appeals Council to review your case.
4. Federal Court: If the Appeals Council denies your request or if you still believe that the SSA has acted improperly, your last resort is to file a lawsuit in federal court. This is when you can officially sue Social Security.

Filing a Lawsuit in Federal Court

Once all administrative avenues are exhausted, you can file a lawsuit in a U.S. District Court. The court will review the SSA’s decision based on the evidence you present. This lawsuit is generally a challenge to the SSA’s actions or inactions, rather than a direct request for benefits. Here’s what the process looks like:

1. Complaint: You’ll file a formal complaint that outlines your claims against the SSA, including the errors or unlawful actions they’ve committed.
2. Representation: While you can represent yourself in court, it’s highly recommended that you have an experienced Social Security attorney who can guide you through the legal process and improve your chances of success.
3. Court Decision: The judge will review the SSA’s decision and determine whether it was legally correct or if you should be awarded benefits. The judge may send the case back to the SSA for further review, order them to pay you benefits, or rule in your favor on another legal issue.

Common Reasons People Sue Social Security

Here are some of the common reasons individuals might sue the Social Security Administration:

• Denied Disability Claims: If the SSA wrongfully denies your disability benefits despite strong medical evidence, or if there are mistakes in your disability claim, you might need to pursue legal action.
• Mistakes in Benefit Calculation: If you believe there’s been an error in how your benefits are calculated—whether in the amount of money you receive or in how your work history is counted—you may have a case.
• Improper Termination of Benefits: If your benefits were stopped improperly or you were notified of termination without proper review, this could be grounds for a lawsuit.
• Social Security Errors: Mistakes with your Social Security number, your earnings record, or missing information that affects your benefits might also lead to a lawsuit.
• Disability Appeals: If your appeal for SSI or SSDI benefits is unfairly rejected at multiple levels, you could pursue legal action in federal court to challenge the SSA’s denial.

How to File a Lawsuit Against Social Security

Here’s a general overview of how to file a lawsuit:

• Consult with an Attorney: A Social Security disability attorney or another attorney specializing in federal claims is crucial to understand the nuances of suing the SSA. They will help you with the legal process, prepare your case, and represent you in court.
• File Your Complaint: Your attorney will help draft a complaint to be filed in a U.S. District Court. The complaint should outline your claims, the SSA’s wrongdoings, and the relief you’re seeking.
• Provide Evidence: You’ll need to provide all relevant evidence to support your case, including medical records, SSA correspondence, and other documents showing the SSA’s errors or misconduct.
• Attend the Hearing: If your case moves forward, a judge will schedule hearings where both sides will present their arguments. Your attorney will help you prepare for this.

What to Expect from the Lawsuit Process

• Timeline: Lawsuits against the SSA can take time. It could be several months or even years before a resolution is reached, particularly in complex cases.
• Possible Outcomes: The court may order the SSA to pay you benefits, reconsider your case, or dismiss the lawsuit. The court may also provide other remedies depending on the nature of your case.
• Costs: Lawsuits can be expensive, especially if you hire an attorney. However, many Social Security attorneys work on a contingency fee basis, meaning they get paid only if you win the case. Ensure you understand the fee structure upfront.
  

Alternatives to Suing Social Security

While suing is an option, it is often considered a last resort. Before you pursue a lawsuit, consider the following alternatives:

• Appeal the Decision: If you’ve been denied benefits, consider requesting a reconsideration or a hearing before an Administrative Law Judge (ALJ). Most cases are resolved through this process.
• Dispute Errors: If you notice errors in your Social Security record or calculations, you can contact the SSA to request corrections without needing to go to court.