What should Missourians know about a Federal SSD lawsuit?

When a Missourian seeks Social Security disability benefits and their claim is denied, there are four levels of appeal that they can use to try and receive an approval. The last one is going to Federal district court. Once this attempt is exhausted, there are no more levels of appeal and the case is over. When an applicant is going through this last resort, there might be a sense of urgency. It is imperative to understand how to move forward with this level of the appeal and the time limits for doing so.

The four levels of appeal are Reconsideration, going before an Administrative Law Judge, asking the Appeals Court to hear the case, and then filing a lawsuit in Federal district court. The federal filing is a civil suit. It is held where the applicant lives or has his or her place of business. For those who do not reside in a judicial district and are without a location where they conduct their business in a judicial district, the case will be filed in the U.S. District Court for the District of Columbia. The applicant must pay a fee to file.

When there is a civil filing, the Social Security Administration must receive copies of the complaint and the summons that the court issues. It will be sent to where the complaint is filed. When the Appeals Court declines to hear the case or denies the appeal and the applicant wants to file a federal lawsuit, it must be done within 60 days of getting the notice of the Appeals Council’s decision.

When a person has an injury, illness or condition that leaves them unable to work, SSD benefits can be key to making ends meet and getting the medical treatment they need. If there is a denied claim it can be a problem for them and their family. Fortunately, there is an appeals process that can be used. Once the first three options have failed, a federal lawsuit is the last step, but it might be successful.

Practice Areas

Military Law
Family Law
Social Security Disability
Worker’s Compensation
Personal Injury