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Appeals to Federal Court

If you have exhausted all you administrative remedies and appeals and have still received an unfavorable decision, you can appeal your case to the U.S. District Courts. A claimant initiates a federal action by filing a complaint. The U.S. District Court then makes a decision by reviewing the evidence which was submitted at the hearing before the ALJ. There is no formal trial and the claimant does not testify at any hearing. The lawyers for the claimant and government present their cases by filing written briefs summarizing the medical evidence and advancing legal arguments in support of their respective positions.

The U.S. Court of Appeals reviews the decisions of the U.S. District Courts. If you have received an unfavorable decision after appealing a denial of benefits by the Social Security Administration to the U.S. District Courts, you may appeal your case to the U.S. Court of Appeals. An appeal is initiated by filing a Notice of Appeal after receiving an unfavorable decision from the U.S. District Court. The U.S. Court of Appeals, however, limits its decision making to reviewing whether the U.S. District Court made any errors in its application of the law and facts. Experienced counsel is necessary on appeal because an adverse decision affects not only the claimant ' s case but the cases of future claimants with similar circumstances.

 

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