Exhaust Administrative Remedies First

Before filing a lawsuit against the SSA, you must first exhaust all administrative remedies available to you. This means going through the entire appeal process within the SSA system. Suing the SSA without first going through these steps will likely result in the court dismissing your case.

• Step 1: Reconsideration: If your application for disability benefits was denied, the first step is to request reconsideration, where the SSA reviews your claim again.
• Step 2: Hearing Before an Administrative Law Judge (ALJ): If your reconsideration is denied, you can request a hearing before an ALJ. The ALJ will review your case in person and make a decision.
• Step 3: Appeals Council Review: If the ALJ denies your case, you can ask the Appeals Council to review your decision.
• Step 4: Federal Court: If the Appeals Council refuses to overturn the decision, your next option is to file a lawsuit in federal court.

Filing a Lawsuit in Federal Court

If you’ve gone through all the administrative steps and still feel that the SSA has wrongfully denied your claim or made an error, you can file a lawsuit in federal court. This process involves a judge reviewing the SSA’s decision and determining whether it was legally justified.

• Venue: You will need to file your lawsuit in the federal  district court located in the area where you live or where the SSA has jurisdiction over your claim.
• Deadline: There is a time limit for filing a lawsuit, generally within 60 days of receiving the SSA’s final decision (the Appeals Council’s denial).
• Legal Grounds: To sue the SSA, you must have legal grounds, such as the SSA's failure to follow procedures, errors in the application of the law, or unreasonable delay in processing your case.
  

What to Expect in a Federal Lawsuit

Once you file your lawsuit, the process can be lengthy and complicated. The federal judge will review your case and decide whether the SSA’s decision was based on sound legal reasoning. A judge may:

• Uphold the SSA’s decision.
• Reverse the decision and award you the benefits.
• Remand the case back to the SSA for further review.
  

Legal Representation for Suing the SSA

Given the complexity of suing the SSA in federal court, it’s advisable to hire an experienced Social Security disability lawyer who can help you with the process. A lawyer can:

• Help you navigate the legal requirements of filing a lawsuit.
• Represent you in federal court.
• Assist you in gathering evidence to support your case.

Many lawyers work on a contingency fee  basis, meaning they only get paid if you win your case.

What to Expect During the Lawsuit Process

The lawsuit process can take several months or even years. Some things to expect include:

• Court Hearings: The court may hold hearings where both sides present their arguments and evidence.
• Waiting for the Judge’s Decision: After the hearings, the judge will review all the evidence and make a decision.
• Possible Remand: If the judge finds that the SSA made a mistake, the case may be sent back to the SSA for further review.

When It’s Time to Sue the SSA

You should consider suing the SSA if:

• You believe the SSA made a serious mistake in your case, such as failing to follow proper procedures.
• You’ve exhausted all appeals within the SSA system, including reconsideration, hearings, and appeals council review.
• You believe the SSA’s delay in processing your claim or appeal has caused significant harm.