Can You Take An SSD Or SSI Claim To Federal Court?
Social Security Disability (SSD) and Supplemental Security Income (SSI) are two different programs that are designed as critical safety nets for people who are too disabled to work.
However, getting a claim approved by the Social Security Administration (SSA) is not easy. Some cases go through multiple appeals – and a few end up being heard in a U.S. District Court before they get a truly final decision. At Law Offices of Daniel Berger, we have been helping clients throughout the New York City boroughs obtain the disability benefits they deserve.
What Happens Before You Make A Federal Appeal?
SSD and SSI claims follow a very specific process. Many claims go through an initial denial, then a denial upon reconsideration, before eventually making their way to a hearing in front of an administrative law judge (ALJ). If a claimant is unhappy with the ALJ’s decision, they can ask for an Appeals Council review.
Only once the Appeals Council has made its ruling can the claimant sue the Commissioner of Social Security in their U.S. District Court.
What Happens If You Sue The Commissioner Of Social Security?
It’s important to understand that the U.S. District Court is not going to look at new evidence or decide what is or is not a fact. Instead, the court will base its decision on whether the Commissioner’s decision (via the Appeal Council) is justified by substantial evidence.
Ultimately, the court may send your claim back to Social Security for further review, uphold the unfavorable decision made by the Appeals Council or reverse the prior decision. The complex legal arguments that may come into play at this level require a disability attorney’s experienced approach.
Call An SSD AND SSI Appeals Attorney
The best way to have an SSD or SSI claim succeed, at any time, is with the assistance of a knowledgeable lawyer, like those here at the Law Offices of Daniel Berger. We offer focused representation from initial claims through all levels of appeal and in litigation in the federal courts. Call 718-691-7475 today, or get started using our online form. Consultations are always free, and we only get paid if we win.