Abromson & Carey, Attorneys at Law
You Take Care of Your Health, We’ll Take Care of Your Case
27+ Years Helping the Disabled
Phone: 888-512-7031

Should I take my disability case to federal court?

As this blog has reported previously, it is not uncommon for a Newark, New Jersey, resident's claim for SSD benefits to be denied, perhaps even at several stages in the process. Unfortunately, some people do reach the end of their appeal options through the Social Security Administration.

In other words, the Administration's Appeals Council either decides not to hear the applicant's appeal or winds up making a decision that does not help the applicant.

Although one option at this point is simply to go back to the drawing board and file a new application for benefits, people have the right also to sue the Administration in federal district court, which in this case is, effectively, a further appeal. As a word of caution, however, the suit must be filed within a certain time frame, which, according to the Administration's website, is 60 days from the day the application gets notice that all appeals have been exhausted.

Relatively speaking, not many people actually take the route of filing suit in federal court. For example, for all the applications that the Social Security Administration processed, between October 2013 and September 2014, the Administration was only sued as part of the disability appeals process 18,503 times.

Moreover, those who do sue need to remember that the federal court will not necessarily look at the case with fresh eyes; generally, the judge will give a great deal of credit to the work that the Administration had done prior to being sued.

Still, applicants in New Jersey who feel that they have a disability do have the option of appealing their case to federal court. Whether or not this is advisable in individual circumstances is a question best answered by a qualified New Jersey Social Security disability attorney.

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Abromson & Carey, Attorneys at Law
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Newark, NJ 07102

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