How to Get a Disability Court Date

A civil action is your last chance at obtaining social security when you have been denied.

If your request for Social Security or Supplemental Security Income (SSI) has been denied, you can ask for an appeal. There are four levels of appeal. First, you can ask for reconsideration. If that is not successful, you can ask for a hearing by an administrative law judge. If you are still unsuccessful, you can ask for a review by the Appeals Council. If the Appeals Council does not decide in your favor, or the Appeals Council does not review your case, your last appeal can be to the Federal Court for review. For this, you will need to file a lawsuit in a federal district court.

Instructions

How to File Civil Suit in Federal Court for Social Security

1. Verify that you have tried all appeal channels before filing a civil claim in federal court. If you have not asked for reconsideration, a hearing by an administrative law judge and a review by the appeals counsel, the federal court will dismiss your case.

2. Locate the federal district court that has the authority to hear your case. The federal district court located where you live or where you have your business is the appropriate court.

3. Review the letter sent to you by the Appeals Council, which explains how to begin the civil action process in Federal Court.

4. File a Complaint against the Social Security Administration in federal court and pay the appropriate filing fees. After you file the Complaint, the Court Clerk will provide a court date and issue a summons.

5. Send copies of the filed complaint and the summons issued by the court to Social Security Administration's Office of the General Counsel by registered or certified mail. For information and the address of the office that handles claims originating in your area, see Resources.

Tips & Warnings

• If the Appeals Council does not decide in your favor, or the Appeals Council does not review your case, a civil action must be filed within 60 days of receiving the notice of the Council's action.

References

• Social Security Administration: The Appeals Process
• Social Security Administration: Service of Process
• Social Security Administration: What You Need To Know: Reviewing Your Disability

Resources

• ocial Security Administration: Service of Process