The final level in the social security disability appeals office involves filing a civil suit in a federal district court. You may file suit if you disagree with the Appeals Council’s decision or if the Council decided not to review your case. This is a much more detailed process and usually requires that an attorney get involved to draft a complaint and other legal documents. Although a claimant may proceed in the earlier stages of the appeals process without an attorney, it is not advised that he continue to do so in Federal Court.
The civil action is filed in the federal district court located in the judicial district which you reside or where you have your principal place of business. Additionally, there is a fee associated with filing an appeal in federal court. When you file the civil action, you must send copies of the complaint and the court issued summons to the Social Security Administration. This complaint must be filed within sixty days of receiving your denial from the Appeals Council.
Once the court receives the complaint and appellate brief supporting the claimant’s argument, the entire record is reviewed. The claimant, however, is not required to testify during this appeals stage. After reviewing the file, the Judge will either uphold the Appeals Council’s decision or the case is remanded for another hearing or payment of benefits. It is very important to have an experienced lawyer at this stage as there are very strict rules in federal court and an attorney can advise the claimant as to whether it would be prudent to spend the time and money seeking an appeal in federal court.