Panama City Federal Court Appeals

Social Security Disability - Federal Appeals Overview

HOW DOES THE FEDERAL APPEALS PROCESS WORK?

The Social Security federal appeals process begins after an Administrative Law Judge (ALJ) has denied your Social Security disability claim. At this juncture, the case progresses to the federal judiciary, where a precise level of scrutiny is applied to the prior proceedings. When filing social security cases in federal court, a plaintiff's attorney will meticulously argue that the ALJ's decision was not supported by substantial evidence or was based on legal error. This stage is not for the presentation of new evidence, but rather a review of the record to ascertain if the earlier decision adheres to the Social Security Administration's strict regulations and legal standards. It's a rigorous process that demands skilled legal argumentation and a deep understanding of social security law as it applies within the federal system.

POTENTIAL RESULTS OF A FEDERAL COURT APPEAL

The outcome of a federal court appeal in a Social Security disability case generally manifests in one of three ways.

Firstly, the court may affirm the ALJ's decision, in which case the claimant's appeal is denied, and the ruling that they are not entitled to disability benefits stands. This is the most likely outcome when looking at statistics. However, this outcome does not end your chances of winning disability in federal court. We will discuss what to do in the event of this outcome later.

Secondly, the court could remand the case, which means sending the case back to the ALJ due to identified errors in the decision-making process or lack of sufficient evidence in the record. This provides the claimant with another opportunity to prove their disability. This option aligns with the approximately 49% remand rate at the federal court stage, offering a significant chance for reconsideration.

Lastly, the federal appeals court has the authority to reverse the decision of the ALJ and directly award benefits. This outcome occurs infrequently but is possible if the court finds the evidence overwhelmingly supports the claimant's case, demonstrating the critical role that the social security disability appeals court plays in the process.

Each of these outcomes has meaningful implications for the claimant's future and underscores the importance of meticulous legal strategy and expertise in federal court proceedings.

HOW TO WIN A SOCIAL SECURITY DISABILITY FEDERAL COURT APPEAL

If you are denied Social Security disability benefits by an Administrative Law Judge, you MUST file a request for review by the Appellate Counsel (“AC”). The AC only reviews the case to see if the ALJ made any mistakes of law or fact. The odds of success at this stage are extremely low. Only about 1% of the claimants are awarded benefits at the AC stage, and only about 49% of cases are sent back on remand to the ALJ to correct mistakes. Remand will not always result in success, however. The Appellate Counsel Review generally takes between 6-12 months.

However, the AC appeal is required to keep fighting for your Social Security Disability benefits. After the AC’s decision, you have a much better chance of succeeding by filing a Federal suit against the Social Security Administration for your right to disability benefits. In fact, approximately 51% of claimants who file Federal cases for Social Security disability benefits succeed in either obtaining benefits or getting a second chance to prove their case.

WHY YOU NEED THE DISABILITY GROUP

It is even more important to hire an attorney at the Federal suit stage. These cases are governed by the Federal Rules of Civil Procedure and involve extensive legal research and writing. Our team has over 20 years of experience and an extensive track record of success.

How Our Federal Court Appeals Attorneys Can Help You:

• Experienced Legal Representation: Our attorneys bring over two decades of proficiency in disability law to the table, offering the seasoned expertise required to navigate the complexities of Federal Court appeals.
• Case Preparation and Filing: We meticulously prepare your case for appeal, ensuring all paperwork and filings meet the strict guidelines and deadlines set forth by the Federal Court system.
• Legal Argumentation: Our team crafts compelling legal arguments to highlight errors in the ALJ’s decision, advocating effectively on your behalf using a deep understanding of the law.
• Record Review: Thorough examination of your case records to pinpoint inconsistencies or oversights that can strengthen your position in the Federal Court.
• Direct Communication with the Court: We provide direct representation and communication with the Federal Court on your behalf, presenting your case in the most persuasive manner.
• Personalized Appeals Strategy: Leveraging our legal knowledge to develop a tailored strategy specific to the nuances of your Social Security disability claim.
• Support and Guidance: Offering continual support and practical advice throughout the Federal appeals process to help you understand each step and what to expect.
• Advocacy at Oral Arguments: Should oral arguments be necessary, our attorneys are equipped to articulate the merits of your appeal before the Federal Court with clarity and conviction.
• Monitoring Case Progress: Keeping track of your case's progress through the Federal appeals system and providing timely updates on developments.
• Post-Decision Counseling: After a decision is made, we discuss your options and next steps, whether for further legal action or to assist with the implementation of the court's order.

At the Disability Group, we are committed to advocating for the rights of our clients and providing unparalleled legal assistance for those in need of representation in Federal Court appeals.

DO NOT GIVE UP! Call us to discuss your options. If a Judge denies your benefits, it is not the end of the road for you. We can help you keep fighting for your disability benefits. Remember, you only have 60 days to appeal decisions at each level, so you must act quickly.

Let The Disability Group handle your claim for benefits at every level. Schedule a consultation with our Panama City disability attorneys today.