FAQs

Why would my case go to federal court?

If Social Security has denied your claim for benefits at every step of the administrative process, the next level of appeal available to you is filing a case in federal court.

Why would I file a case in federal court?

If you have had an a hearing before an administrative law judge and Social Security’s Appeals Council does not review the administrative law judge’s decision, the decision of the administrative law judge becomes final and binding unless you continue to appeal the decision in federal court.

What happens in federal court? Do I have to testify?

When you have timely filed a claim in federal court, the Social Security is required to file a certified copy of the administrative record in your case. This record contains all of the correspondence Social Security sent you during your claim, the medical records that were considered in your case, the determination from the administrative law judge who heard your claim and the transcript of what occurred during your hearing. Because there is no dispute over what happened at the administrative level, generally no testimony is taken and the case is decided based on long briefs written by each side explaining why the federal court should reverse or affirm Social Security’s decision.

Can I file a new application for Social Security benefits while my case is in federal court?

Generally, yes! However, if you have a lawyer handling your claim in federal court, you should consult with them before starting a new application.