Filing an Application

Filing a Request for Reconsideration

Proceeding to a Hearing before an Administrative Law Judge

The Appeals Council

Federal Court

Determining Disability Benefits


Step Five: Federal Court

After a claimant has exhausted (used) all of their administrative appeals, i.e. received an unfavorable decision from the Appeals Council, the Social Security Act provides for judicial review in the federal district courts. The civil action must be commenced within 60 days of the date of the decision of the Appeals Council. The claimant is presumed to have received notice of the Appeals Council decision five days after it was mailed, once again, in effect giving the claimant 65 days from the mailing of the notice to file. Social Security Administration regulations also provide for an extension of the filing deadline, where good cause can be shown. An extension is normally requested from the Appeals Council.

The Social Security Administration answers the complaint by filing a transcript of the administrative hearing together with all exhibits included in the record. At this juncture, the claimant (Plaintiff) will prepare a legal brief outlining their position about the case. The Defendant (Commissioner, Social Security Administration) will prepare and file a reply brief. If Plaintiff so chooses, they can then file their own reply brief. The court will then make a decision based on the briefs. In some jurisdictions, oral argument will be held before a decision is made, at which time the respective attorneys will state the reasons why the action of the Social Security Administration should be reversed or upheld. The briefs will contain a comprehensive summary of the medical and vocational evidence, as well as detailed legal arguments which explain the respective parties' positions on the particular legal issues.

The United States district court can affirm or reverse, in whole, or in part, the Agency's decision, or remand the case. A remand means that the case will be sent back to the Social Security Administration for further administrative proceedings. This usually entails a supplemental hearing before an Administrative Law Judge.

If the district court denies either all or part of the appeal, the case can be further pursued to the United States Court of Appeals. Similar to the district court, it can affirm or reverse, in whole, or in part, the Agency's decision, or remand the case.

If the Court of Appeals affirms in its entirety an unfavorable decision, only the rarest of cases are appealed to, and decided by the United States Supreme Court.