If your Social Security Disability benefits have ever been delayed or denied, you understand how frustrating the process can be. This is especially true if you are unable to work or earn enough to support yourself due to a disability.
Once your case has reached the Federal Court, it is at the final stage of the appeals process for Social Security Disability Insurance or Supplemental Security Income claims. This step takes place after you have exhausted all other appeal options with the Social Security Administration (SSA).
But it doesn’t always have to be challenging and stressful. We’ll explain the process and how a Social Security Disability attorney can improve your chances of a favorable outcome.
Filing a Complaint
This part of the appeals process begins in federal district court when your disability claim attorney files a complaint against the Social Security Administration. The complaint outlines all your grievances with their decision and asks the court to rule in your favor.
The Administration will respond by filing an answer and submitting an Administrative Record, including documents and other evidence from your previous appeals.
Legal Briefs and Arguments
Once your Social Security Disability attorney has filed the complaint, they will prepare a legal brief explaining the facts and legal arguments that support your case. The government will respond by defending the decision of the SSA. If necessary, your attorney may file a reply to clarify your stance further. Sometimes, the judge may schedule oral arguments, allowing both sides to present their case before a ruling.
What Happens Next?
The federal court process can take more than one year to reach a decision. However, the judge will carefully review your case and respond with one of three following rulings:
Keep the SSA’s decision: If the judge agrees with the SSA, your case will be denied and closed until you take further action.
Resend the decision to SSA: The judge may return the case to the SSA for further review, providing another opportunity to secure your benefits.
Reverse SSA’s decision: If the judge agrees with the evidence after reviewing your case, they may reverse the SSA’s decision, thus granting you the benefits you requested.
If the court rules in your favor, your benefits will be approved, and you will begin receiving payments. If the decision is unfavorable, your Social Security Appeal attorney can advise you on the next steps, including the possibility of further legal action or additional appeals.
Why Do You Need a Social Security Disability Attorney?
A Social Security Disability attorney is crucial when navigating disability cases. They possess the experience and expertise required to represent you adequately. They understand the law, can assess your case, identify errors in the SSA’s decision, and present compelling arguments in court.
You do not need to fight this legal battle alone. Spellen Law’s skilled disability lawyers can help reduce the stress associated with the Federal Court appeals process.
Secure the Benefits You Deserve with Spellen Law
If you are unable to work or earn a sufficient income due to a disability, don’t give up on your claim. Navigating the road to Social Disability benefits can be difficult, but the dedicated legal team at Spellen Law is here to guide you through it successfully.
If your case has been denied and it’s time to take it to Federal Court, increase your chances of success with our disability claim attorneys.
Call (205) 820-9474 or fill out our online contact form to schedule a consultation and learn how we can help you secure your benefits.
コメント