Step 1: Exhaust the SSA’s Administrative Appeals Process

Before you can file a lawsuit against Social Security, you must exhaust all administrative remedies within the SSA. This means you need to go through the full process of appealing the decision on your claim. Here's a breakdown of the steps you should take:

• Initial Denial: If your claim is denied, the first step is to request Reconsideration. This is a review of your case by a different SSA official.
• Hearing Before an ALJ: If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This is your opportunity to present your case in person.
• Appeals Council: If the ALJ denies your claim, you can request a review by the Appeals Council, which will review whether there was an error in the ALJ’s decision.
• Federal Court: If the Appeals Council also denies your claim or fails to make a decision, you can take your case to federal court.

Social Security laws require you to complete all these steps before you can file a lawsuit. Skipping steps may result in your case being dismissed.

Step 2: Understand What You’re Suing For

Filing a lawsuit against Social Security typically involves seeking judicial review of a denial or mishandling of your disability claim. Here are some common reasons individuals may consider filing a lawsuit:

• Unreasonable delay: If Social Security has delayed processing your claim or hearing, you may file a lawsuit to ask the court to intervene.
• Unlawful denial: If the SSA made an unlawful decision to deny your claim, and you’ve exhausted all appeals, a lawsuit can ask the court to review whether the SSA’s decision was correct.
• Mistakes in the handling of your case: If there were procedural errors or misapplication of the law, you might have grounds for a lawsuit.
• Failure to follow regulations: If the SSA violated its own rules or failed to adhere to regulations when making decisions about your case, this could also provide grounds for a lawsuit.

Step 3: File a Lawsuit in Federal Court

Once you’ve exhausted the SSA’s administrative process, you can file a lawsuit in federal district court. Here's how you can proceed:

• Hire an attorney: It’s highly recommended to work with an experienced disability lawyer if you’re considering filing a lawsuit. Lawsuits against the SSA are complicated and can involve technical legal arguments.
• File a Complaint: You’ll need to file a complaint in federal court. This document outlines your reasons for challenging the SSA’s decision and what you’re asking the court to do (i.e., reverse the SSA’s decision or order further action).
• Provide supporting documentation: You’ll need to submit all relevant documents, including your SSA claims, any denial notices, medical records, and any evidence that supports your claim.
• Wait for a decision: After filing, the court will review your case. In some instances, the court might make a ruling based on the records alone, or it could schedule a hearing.

Step 4: What Happens in Court?

If your case is successful, your attorney will be paid out of the back pay you receive from the Social Security Administration. The SSA will deduct the attorney’s fee from your back pay and send it directly to your attorney. If your case is not successful, you do not owe your attorney any fees for their services.

What If Your Case Takes Longer?

When you file a lawsuit against Social Security in federal court, you are asking the judge to review the SSA’s decision. The judge will examine the administrative record (the evidence, hearings, and decisions made by the SSA), but will not hear new testimony. Instead, the judge will determine whether:

• The SSA’s decision was based on substantial evidence.
• The SSA followed proper procedures and applied the correct legal standards.
• There was any violation of your legal rights.

If the judge finds in your favor, they may order the SSA to:

• Reverse the decision and grant you benefits.
• Remand the case for further review or additional hearings.
• Order a new decision based on a corrected application of the law.

Time Limits for Filing a Lawsuit

You have 60 days from the date you receive the Appeals Council’s denial or the SSA’s final decision to file a lawsuit in federal court. If you miss this deadline, you could lose your right to challenge the decision, so it’s important to act quickly.

Costs of Filing a Lawsuit

There are costs involved in filing a lawsuit against the SSA. These may include:

• Court filing fees: There is a filing fee to submit your complaint to federal court. This fee can vary but is typically around $400.
• Attorney fees: While many disability attorneys work on a contingency fee basis, meaning they only get paid if you win, you should clarify the costs with your attorney. Federal law limits the amount an attorney can charge for representing you in a Social Security case to 25% of your past-due benefits, up to a maximum of $6,000.

If you’re unable to afford the fees, you might be able to apply for a fee waiver through the court.

Consider Mediation or Alternative Dispute Resolution

Before jumping straight into litigation, consider that some cases might benefit from mediation or alternative dispute resolution. In certain situations, Social Security may offer a settlement or negotiation as an alternative to going to trial.