Key points about a Federal lawsuit when denied Social Security

| Oct 4, 2018 | Social Security Disability

Social Security Disability (SSD) benefits are understandably viewed as a lifeline for New Jersey residents suffering from a disability due to an illness, injury or condition. When applying for benefits, they will inevitably believe they will be approved. It is important to understand that many cases are initially denied, and it is necessary for the applicant to appeal. Denied Social Security does not mean that the benefits will never be approved.

There are four levels of appeal. When the case is repeatedly denied and the applicant still suffers from the issues that sparked the need to file, the last level of appeal is in Federal district court. Understanding how the process works in a civil filing of this kind is key to a case. A Federal lawsuit can be used after the Appeals Council has declined a request to review the case.

The case is filed in the district where the applicant resides. When seeking to file a civil case, there will be a fee. The notice the Appeals Council sends to the applicant will say that the Social Security Administration must receive copies of the complaint and the summons when a civil case is filed. There is a time limit to file a civil case and it must be done within 60 days of getting the notice of the Appeals Council refusing to conduct a review. In general, there are around more than 18,000 civil cases annually.

For those who have exhausted all their applications and appeals for Social Security disability benefits and been denied, the federal regulations allow for there to be a final attempt at appealing in Federal court. As with all aspects of a case seeking Social Security Disability, when moving forward with this level of appeal, legal help is a must. A law firm that specializes in Social Security Disability can be of assistance when appealing.