What should I do if I was denied Social Security disability in federal court?
Disability benefits provide essential financial support for disabled workers and their families. Benefits are issued monthly by the Social Security Administration (SSA), and can replace earned income when impairment prevents gainful employment.
Although you know quite well by now that getting approved can be very difficult for some applicants, you can continue to try for benefits. You have fought long and hard so far for the benefits you need, but it’s important to understand you’ve reached the end of the appeals process with your current disability application.
Although you’ve been denied again, you do still have options available. You can continue to try to get approved, but you will need to file a new claim. Additionally, you’ll need to wait to start your new application until you have a better chance of winning.
Federal Court and Social Security Disability Reviews
The claim you file in federal court is a civil lawsuit and not a formal appeal with the SSA. A federal judge reviews your evidence and evidence submitted by the SSA as well. The judge can grant or deny you benefits or he or she can send your claim back to the Administrative Law Judge (ALJ) that presided at your original appeal hearing.
If the federal judge requests the ALJ to review the medical evidence in your claim and the ALJ still rules the same, then the federal judge typically upholds the ALJ’s ruling. Even so, you can argue your claim in court.
If a civil case is heard in court, then the federal district judge makes the final decision on the legality of previous disability determinations you’ve received. In other words, the judge reviews your disability case, all your previous appeals, and your medical evidence. He or she then decides if you meet the SSA’s eligibility requirements or not.
Denial and Social Security Approval Rates
Very few claims are taken to federal court, due to time, energy, and cost constraints. Even when claims are filed as civil lawsuits, the rate of approval at this stage is very low. In fact, less than one percent of all disability applicants receive an approval following a federal lawsuit.
What to do if You’re Denied Social Security Benefits
If a federal district court reviews your disability claim and still denies you benefits, then you have reached the end of the road with appeals on your current case. This doesn’t mean that you cannot continue to try to get approved in the future. It simply means that you’ve exhausted all options with the current disability application.
You can start the application process from scratch at this point, though you’ll want to consider the timing of any new claim you file. Since you were denied at all appeal stages previously, then it is best to wait until your impairment worsens or there is another significant change in your medical condition.
An attorney or disability advocate can help you decide when it is time to file again for disability, based on his or her knowledge of the SSA’s regulations and medical eligibility requirements.
