An Appeals Council denial can feel discouraging, but it does not necessarily end your disability claim. If you live in New Jersey, you may still ask a federal district court to review the SSA’s final decision.
How long do you have to file?
You generally have 60 days after receiving the Appeals Council notice to file a federal lawsuit, called a civil action. The SSA assumes you received the notice five days after the date on it unless you show otherwise.
Keep the notice so you can track your deadline. If circumstances beyond your control prevent timely filing, you may ask the Appeals Council in writing for more time.
What does filing in federal court involve?
In New Jersey, you generally file in the U.S. District Court for the District of New Jersey. You submit a document called a complaint and pay the filing fee. If you cannot afford it, you may request to proceed without prepaying fees through an in forma pauperis (IFP) application.
After you file, the court clerk sends electronic notice of the case to the SSA and U.S. Attorney. You do not have to serve a summons and complaint under ordinary civil rules.
What does the federal judge review?
Federal court review is not another disability hearing. The judge generally reviews the administrative record, the evidence and the records the SSA considered, rather than hearing new testimony or accepting new medical evidence.
The judge considers whether the SSA applied the law correctly and whether substantial evidence, or enough relevant evidence to support the decision reasonably, backs its findings. The judge may leave the decision in place, change or reverse it or send the case back to the SSA for further consideration. In limited circumstances, the SSA may consider important new evidence if you had a valid reason for not submitting it earlier.
How can you prepare for federal court review?
Review your Appeals Council notice, confirm your deadline and organize your claim records. This stage involves specific filing rules and written legal arguments. An attorney can review your claim record, identify potential legal errors and help you prepare the required written arguments.
Learning more about the Social Security disability process can also help you prepare questions about your next steps.
