1. Will you appeal my case to the Federal District Court?
Maybe. Every year thousands of people have hearings for Social Security Disability Benefits. The majority of them are denied. These people are often denied review by the Appeals Council. I review social security disability claims for Federal Appeals. I estimate for every 100 case I review, I file 1 Federal Court claim.
The majority of claims I take to Federal Court are my own or come referred from another attorney.
2. Does it cost me anything to file a Federal Court Case?
Probably. While filing for Social Security disability is free, appealing a claim to the Federal Court may not be. Many times you must pay a filing fee to file your appeal with the Court. If the the filing fee will cause you a financial hardship, you may be able to ask the Court to waive the fee, but there is no guarantee that the Court will grant your request and waive the filing fee.
3. How long do I have to file a Federal Court Appeal?
60 DAYS. Once you receive the Appeals Council decision denying review of your claim you have 60 days to file in the Federal Court. Many attorneys and non-attorney representatives do not practice in the Federal Court. You need to get your gather your decision and claim file for me to review. The sooner I get your decision and claim file, the sooner I can make a decision on whether to appeal your claim.
4. Will the Federal Court award me Social Security disability benefits?
Probably Not. Federal Courts rarely award benefits to Social Security claimants. The Federal Court will likely remand your case to the Administrative Law Judge for another hearing.
5. How long will it take the Federal Court to make a decision on my case?
It depends. The Federal District Courts hear hundreds of disability cases every year along with every other case they have jurisdiction over. Typically a Federal District Court could take 1-2 years to render a decision.