Appeals Process Instead of Lawsuit

The most common way to challenge a denial of Social Security Disability benefits is through the appeals process. If your initial SSD claim is denied, you can request a reconsideration, which means your case will be reviewed again. If that reconsideration is also denied, you can appeal further by requesting a hearing before an Administrative Law Judge (ALJ). The ALJ will review your case and make a new decision.

If the ALJ denies your case, you can appeal to the Appeals Council and, in some instances, take your case to federal court. This is the standard process for challenging a decision made by the SSA. While this process can feel like a long and complicated legal battle, it is the appropriate legal pathway rather than suing the SSA.

Filing a Federal Lawsuit

In some rare cases, you can file a lawsuit against the SSA in federal court. This is usually done after you’ve gone through the appeals process and have been denied multiple times. If you’ve exhausted all administrative remedies and believe the SSA has made a legal error or violated your rights, you can take your case to a federal judge.

However, it’s important to note that filing a lawsuit is typically not about getting compensation or damages for things like emotional distress or hardship. It’s about challenging legal errors made during the process or claiming that your constitutional rights were violated.

Suing for Discrimination or Misconduct

You may be able to sue the SSA for discrimination or misconduct if you believe you have been treated unfairly based on your race, gender, age, disability, or other protected status. The SSA is bound by strict laws regarding equal treatment, and if you feel you were discriminated against, you may be able to file a discrimination complaint or lawsuit under civil rights law.

In these cases, you would need to prove that discrimination took place, and you may need the help of an attorney experienced in civil rights law. Such claims are separate from standard Social Security Disability appeals.

Why Suing the SSA is Rare

Suing the SSA directly is uncommon because the system is set up with appeals and administrative procedures to handle disagreements or mistakes. Most issues related to Social Security Disability are addressed through the internal SSA appeal process. Lawsuits are usually reserved for rare circumstances where there’s been a significant legal or constitutional violation.

How a Disability Lawyer Can Help

While you might not be able to sue Social Security Disability directly, a skilled disability lawyer can help you navigate the complicated SSA process and improve your chances of winning your case. If your claim is denied, your attorney can guide you through the appeals process, help you gather medical evidence, and ensure that all deadlines are met. Lawyers can also represent you in front of an Administrative Law Judge during hearings and help you pursue a federal lawsuit if necessary after exhausting all other options.