The Federal Government’s Immunity from Lawsuits

One of the main challenges in suing the Social Security Administration for negligence is the sovereign immunity doctrine. This legal principle essentially shields the U.S. government, including its agencies like the SSA, from being sued in most cases. This means that, generally speaking, you cannot sue the SSA for negligence in the same way you might sue a private company or individual.

However, there are a few exceptions and processes you can follow if you feel the SSA has made an error in handling your case.

Can You Sue for Mistakes or Errors?

While you can’t directly sue the SSA for negligence, you do have the right to challenge their decisions and actions if you feel they’ve made a mistake in handling your claim. This is typically done through the appeals process rather than a lawsuit.

Here are the main ways you can address mistakes or errors in your case:

• Appealing a Denial: If you believe the SSA wrongfully denied your claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you can appeal the decision. This includes requesting reconsideration, requesting a hearing before an Administrative Law Judge (ALJ), and potentially going through further appeals if needed. The appeals process gives you a structured way to dispute errors made by the SSA.
• Filing a Formal Complaint: If you believe you’ve been treated unfairly by the SSA or encountered significant delays or errors that are not related to the merits of your case, you can file a formal complaint with the SSA. The SSA has a process for handling complaints and will investigate allegations of mistakes, misconduct, or improper service.
• Federal Court Appeals: If you have exhausted the internal appeals process, you may have the option to take your case to federal court. In cases where the SSA has made a legal error (not just a mistake in fact-finding), a judge may review the case and correct any wrongful decisions. However, this is a challenging process and requires a solid legal basis to proceed.

When Could You Sue for Negligence in a Different Context?

Though suing for negligence against the SSA is generally not an option, there are situations where other forms of legal action might be possible. These are rare and generally involve extreme cases of mismanagement or mistakes:

• If SSA Employees Act Outside of Their Role: If an SSA employee acts inappropriately or in a way that causes harm outside of their official duties, you may be able to seek compensation through other legal avenues. This would typically require evidence that the employee was acting outside the scope of their authority or engaging in illegal conduct.
• Wrongful Acts Outside of SSA’s Normal Processes: If your case involves a wrongful action by the SSA that is unrelated to their standard decision-making process (such as fraud or willful misconduct), there may be a potential for legal action. In such cases, the SSA may be held accountable for actions that go beyond simple administrative errors or delays.

Seek a Remedy Through the Administrative Procedures Act (APA)

If your case involves government action that is unreasonable or unlawful, the Administrative Procedures Act (APA)  could come into play. The APA allows individuals to challenge federal agency decisions, including those made by the SSA. However, this applies primarily to cases of unlawful action rather than negligence.

Through the APA, you may be able to file a lawsuit in federal court challenging decisions that are arbitrary, capricious, or contrary to law. This is another route to pursue if you believe the SSA’s actions were egregious.

Alternative Legal Remedies

While you can’t directly sue the SSA for negligence, there are a few alternative legal actions that could potentially be taken:

• Contacting a Lawyer: If you’re struggling with a denied claim, wrongful decisions, or improper conduct by the SSA, a lawyer who specializes in Social Security law can help you explore your options. A lawyer can help you navigate the appeals process, file complaints, or even help you understand if there is any potential for a lawsuit under unique circumstances.
• Filing a Lawsuit for Violations of Your Rights: If your rights have been violated during your dealings with the SSA, you might be able to file a lawsuit, but only under certain circumstances. These cases could involve issues like disability discrimination or violations of constitutional rights, rather than simple negligence.

What to Do If You Experience Negligence

If you believe that you’ve encountered negligence or errors in your dealings with the SSA, here are a few things you can do:

• Review Your Case Carefully: Go through your claim to ensure that the information you’ve provided is correct and complete. Sometimes, delays or denials are caused by missing documentation or errors on the applicant’s part.
• Follow Up: Stay proactive by following up on your case. If you’re experiencing delays, contact the SSA to inquire about the status of your application. Keeping detailed records of all communication is essential.
• Consider Representation: If you’re having trouble with the SSA or have been denied benefits, consider hiring a Social Security Disability lawyer. Lawyers can help ensure that your case is handled properly, and they can assist you with the appeals process or navigating any legal challenges that arise.