What Should I Do If My Appeals Council Case Is Denied?

You may already know by now that your case can go to the Appeals Council if it was denied by the ALJ. If it’s denied by the Appeals Council, it can be appealed to the Federal District Court. So you essentially have several channels to go through after you’ve made your initial request:

• Application
• Reconsideration appeal
• Request for hearing appeal
• ALJ hearing
• Appeals Council (federal court)

The Social Security Administration will not assist you if you’re planning to appeal. You’re also not allowed to represent yourself in this matter, despite the system’s notorious reputation for its do-it-yourself benefits. Only a federal disability lawyer can file this specific type of appeal. Sometimes, a lawyer may advise you to file a brand-new claim instead of taking the matter to district court. A lawyer can advise you of this based on the merits of your individual case.

When you take a disability case to federal court, you’ll need:

• A written document that states why the Social Security Administration made a mistake.
• Copies of the registered complaint and summons issued by the court.
• A federal disability lawyer with experience in civil actions and the district courts.

The copies of the complaint should be sent to the SSA via certified mail. This ensures that everyone there is aware of the appeal and has time to prepare if need be.

There is no official timeline for a decision when appealing your case, but it typically takes several months to reach final judgment. And while it may be stressful to wait, having the right attorney by your side can make a difference.