By Hogan Smith
Updated 02/03/2025
If you’ve gone through the Social Security Disability (SSD) claims process and received a denial at the hearing level, you still have the option to appeal the decision to a federal court. A federal court appeal is the final step in the Social Security Disability (SSD) appeals process, and while it can be challenging, it offers one last chance to secure the benefits you deserve. Here's a step-by-step guide to help you understand how to approach a Social Security Disability federal court appeal and increase your chances of success.
Find out if you qualify for SSDI benefits. Pre-qualify in 60 seconds for up to $4,018 per month and 12 months back pay.
Please answer a few questions to help us determine your eligibility.
Step 1: Understand the Basics of a Federal Court Appeal
Before you begin the process, it’s important to understand how a
federal court appeal
works. If the Administrative Law Judge (ALJ) denied your claim and the Appeals Council declined to intervene, you can file a complaint in a federal district court. The court won’t hold a new trial or hear new evidence; rather, the judge will review the decision made by the ALJ to determine if there was a legal error or if the decision was unreasonable. The federal judge will look at:
Step 2: Know the Deadline for Filing Your Appeal
After the Appeals Council denies your request for review, you have 60 days to file your federal court appeal. This is a strict deadline, and failing to file within this time frame will likely result in losing your right to appeal. Make sure to track your deadlines carefully and seek help immediately if you’re unsure about the process.
Step 3: File a Complaint in Federal District Court
To initiate a federal court appeal, you must file a complaint with the appropriate federal district court in your jurisdiction. The complaint is a legal document that states the reasons you believe the ALJ’s decision was incorrect. You must also send a copy of your complaint to the U.S. Attorney’s Office. The complaint should include:
Step 4: Review the Record from the Social Security Administration (SSA)
When filing a federal court appeal, the court will review the official record of your Social Security Disability case. This record includes:
The court does not allow you to present new evidence, so it’s crucial to ensure the record is complete and includes everything needed to make your case.
Step 5: Present Legal Arguments, Not New Evidence
Unlike earlier stages in the SSD process, a federal court appeal doesn’t involve presenting new evidence. Instead, the focus is on whether the ALJ’s decision followed legal standards and was supported by substantial evidence. Some common legal arguments that may be raised in a federal court appeal include:
It’s important to note that the court won’t reconsider the facts of your case. They will only focus on whether there were mistakes in how the law was applied.
Step 6: Work with an Experienced Social Security Disability Attorney
Navigating the federal court appeal process can be incredibly complicated, and having an experienced Social Security Disability attorney by your side can increase your chances of success. A lawyer who specializes in Social Security Disability cases will be familiar with the nuances of the law and how to present the strongest legal arguments in your case. An attorney can help you:
Step 7: Wait for the Federal Court’s Decision
Once you’ve filed your appeal and presented your legal arguments, you’ll have to wait for the federal court to make its decision. This process can take several months, and the judge will issue a ruling based on the record, your complaint, and the SSA’s response. The court may:
If the court remands your case, the ALJ will reconsider the decision and apply the correct legal standards. While remanding the case doesn’t guarantee a positive outcome, it gives you another chance to secure benefits.
Step 8: Consider Further Appeals If Necessary
If the federal district court upholds the ALJ’s decision, you may still have options to appeal the ruling. You can ask the federal court to
reconsider
their decision or appeal to a higher court, such as the
U.S. Court of Appeals for the Circuit. However, these higher-level appeals are difficult to win and typically require solid legal grounds.
How Hogan Smith Can Help
At Hogan Smith, we have extensive experience handling Social Security Disability cases, including federal court appeals. Our team can:
Contact Hogan Smith Today
If you’re facing a Social Security Disability denial and are considering a federal court appeal, don’t navigate this complex process alone. Contact Hogan Smith today for a free consultation. Let us help you fight for the benefits you deserve!
Our experts have helped thousands like you get cash benefits.
Briefly tell us about your case
Provide your contact information
Choose attorneys to contact you
All Rights Reserved | Hogan Smith