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AN APPEAL TO FEDERAL DISTRICT COURT IS NOT A LAWSUIT ABOUT WHETHER YOU ARE DISABLED. IT IS A LAWSUIT ABOUT WHETHER THE SOCIAL Security Administrative Law Judge (ALJ) made mistakes in making his decision that you were not disabled.
We will ask the Federal District Court to find that the ALJ’s mistakes made his decision unfair and you deserve a new, fair hearing before an ALJ. The court generally does not decide whether you are disabled.
• We cannot submit new medical records.
The court will decide whether the ALJ made mistakes based on the medical records and other evidence that the ALJ had at the time he made his decision.
• We do not go to a hearing before the Federal Court.
Our arguments about the mistakes the ALJ made will be made in only in writing. We make our arguments first. SSA’s lawyer will make written arguments defending the ALJ’s decision, and then we are allowed to file a written response to their arguments. We will mail copies of our arguments to you.
After all of the attorneys’ arguments, the court will make a written decision.
• A Federal Court appeal, on average, takes 18 months.
Some cases are shorter; some cases are longer. But generally, from the time we file your lawsuit until the district court judge makes a decision is about a year and a half.
• Your case will be returned to your attorney or representative when the Court grants a new hearing.
We will provide all the court documents to your attorney / representative and suggestions about preparation for the remand hearing, if needed.
If you did not have an attorney or representative at your first hearing, we will help you get representation at your new hearing.
• The Federal District Court charges $350 to file an appeal.
If you cannot afford to pay $350 to file the lawsuit, we can show the court your financial condition and ask that the filing fee be waived. We will fill out the papers for you with your help.
If you do not qualify for a waiver, we will ask you to pay the filing fee.
• You owe no attorney fees until benefits are awarded.
We will petition the court to award attorney fees under the Equal Access to Justice Act (EAJA). EAJA fees are paid by the government, not by you.
When you are ultimately found "disabled", SSA will withhold 25% of your back pay to pay your attorneys. We will go back to the court to ask for an award of reasonable fees under the Social Security Act, 42 U.S.C §406(b), which are paid directly by SSA out of your backpay award, after deduction of EAJA fees previously paid.
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