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Federal Court Review

Obtaining Social Security Disability benefits is not always smooth and benefits may be denied or questioned before being granted. A Federal Court Review is then necessary to fully review the claimant’s case and make a decision on whether Social Security Disability benefits should be granted.

A Federal Court Review can be requested after the disability claim is denied through the Social Security Administration Appeals Council process. This review begins after a claimant files a civil suit in Federal District Court on the grounds that their Social Security Disability benefits were falsely or wrongly denied. A claimant has 60 days from the date an Appeals Council denial is received to file for a Federal Court Review.

After a claimant files their civil action, the Appeals Council process will provide information detailing the process needed to begin a Federal Court Review. This process requires three levels of review, making it a fairly long process. A filing fee, which varies by jurisdiction, is usually assessed when filing a Federal Court Review, however this fee can often be waived.

Once a decision has been made, a federal judge will take one of the following actions:

  • Send the case back to the Social Security Administration for additional documentation and information relating to your case.

  • Issue an agreement with the Social Security Administration’s decision to deny your case .

  • Reverse the Social Security Administration’s decision, at which time the claiment will be rewarded with Social Security benefits.

The decision of the federal district court judge in a Federal Court Review is considered the highest level of jurisdiction, meaning it is the final decision. A Social Security Disability claimant will generally not be able to appeal this decision for reversal in any higher court.