What to Expect with a Disability Claim in Federal Court
Social Security Disability benefits were the financial lifeline you hoped for when health problems pushed you out of work.
Then you were denied benefits. You appealed. But you were denied again. And again.
You may need to take your claim to Federal Court to finally win benefits and restore a sense of financial stability in your life.
At Olinsky Law Group, we’re a national leader in Federal Court appeals of disability claims. We take hundreds of cases to Federal Court every year.
Keep reading to find out what to expect.
Or contact our law firm to talk more about your case.
How You Reached the Federal Court Appeal Level
You know your next step is a Federal Court appeal when you’ve already gone through this:
- You applied for benefits and got denied.
- You filed a reconsideration request but got denied.
- You went to a disability hearing and were denied by an administrative law judge (ALJ).
- You appealed to Social Security’s Appeals Council to review the ALJ’s decision and were still denied.
Your next appeal is to Federal Court.
At this stage, you need an attorney admitted to practice in Federal Court.
Olinsky Law Group’s Federal Court disability lawyers have taken cases to the Federal District Court Circuit Court of Appeals—and to the U.S. Supreme Court.
What Happens When My Social Security Claim Goes to Federal Court?
When it’s time for Federal Court, this is what to expect:
- Your attorney files a lawsuit against Social Security in the United States District Court that covers the area where you live.
- Your Federal Court disability lawyer argues in lawsuit documents that Social Security made errors in rejecting your benefits.
- You can’t submit any new evidence at this point—including updates on your health condition. You must stick with what’s already in the record.
- The Federal judge reviews the evidence and Social Security decisions in your case file.
- You most likely won’t go to court and see the judge in person.
In the end, the Federal judge has the power to order Social Security to revisit your case and make a different decision. Most of the time, that’s the result you want when you go to Federal Court.
Work with an attorney who knows how to identify Social Security’s mistakes.
Olinsky Law Group has more than 33 years of experience helping thousands of people win benefits.
How Do I Decide if I Should Make a Federal Court Appeal?
You have two major factors to weigh in deciding on your federal appeal:
- Preserving your original disability application date—and getting more back payments.
- Adding new information about how your medical conditions have worsened or changed—and possibly having a better chance at approval.
If you appeal to Federal Court, you keep your old claim alive.
That means the original date that you reported your disability stays intact, and you could get much more back pay when you’re awarded benefits, going back to your initial date of disability.
But in a federal appeal, you can’t update any information about your condition and how it keeps you from working—like you could if you filed a new application.
An experienced Federal Court disability lawyer from Olinsky Law Group can help you determine your best course of action.
Our goal is seeing you move forward with your life. Disability law is all we do.