When the Social Security Administration (SSA) denies your disability claim, it can feel like you’ve hit a dead end. Many applicants wonder if they can sue the SSA to receive the benefits they believe they deserve. While the path to securing Social Security Disability benefits isn’t straightforward, there are legal remedies available when your claim is denied. At O’Malley Tunstall, PC, our board-certified Social Security Disability specialists help Raleigh residents navigate the complex appeals process, including taking cases to federal court when necessary to secure the benefits our clients have earned.
Key Takeaways
- You cannot directly “sue” the SSA for denying benefits, but you can appeal through a four-step administrative process that ultimately leads to federal court review.
- Approximately 70% of initial Social Security Disability applications are denied, making knowledge of the appeals process essential.
- Federal court lawsuits against the SSA are only possible after exhausting all administrative remedies, including reconsideration, ALJ hearing, and Appeals Council review.
- Having an attorney experienced in federal court litigation significantly increases your chances of success when challenging SSA decisions.
- Contact O’Malley Tunstall, PC, at (919) 277-0150 for a free case review with our board-certified Social Security Disability attorney.
Understanding the SSA Appeals Process
The Four Levels of Appeal
While you cannot directly “sue” the Social Security Administration in the traditional sense, there is a structured appeals process that can eventually lead to federal court. This process includes four distinct levels:
- Reconsideration: Your claim is reviewed by someone who didn’t participate in the initial decision.
- Administrative Law Judge (ALJ) Hearing: You can present your case in person before a judge.
- Appeals Council Review: The council examines the ALJ’s decision for errors.
- Federal Court Review: If all administrative remedies are exhausted, you can file a lawsuit in federal court.
O’Malley Tunstall, PC, represents clients at every stage of this process. Most Social Security Disability claims are denied the first time they are filed, but that doesn’t mean you should give up. The SSA must pay if you are qualified for benefits, and our attorneys know how to navigate this complex system.
Time Limits for Appeals
The Social Security Administration imposes strict deadlines for appeals:
- You have 60 days from receiving a denial notice to file for reconsideration
- You have 60 days from a reconsideration denial to request an ALJ hearing
- You have 60 days from an ALJ decision to request an Appeals Council review
- You have 60 days from an Appeals Council decision to file in federal court
Missing these deadlines can result in losing your right to appeal. Our attorneys ensure all filings are submitted on time, protecting your right to continue pursuing your benefits.
When Federal Court Action Is Necessary
Reasons to Take Your Case to Federal Court
After exhausting all administrative remedies, filing a lawsuit in federal court may be necessary if:
- The Administrative Law Judge or Appeals Council misapplied Social Security regulations
- Your due process rights were violated during the appeals process
- The decision was not supported by substantial evidence
- Significant new evidence has emerged that couldn’t be considered earlier
Federal court review offers an important check on the administrative process, ensuring that the SSA follows proper procedures and correctly applies the law in evaluating disability claims.
The Federal Court Process for Social Security Cases
When filing in federal court, your attorney will prepare a legal complaint against the Commissioner of Social Security. This process involves:
- Filing the complaint in the appropriate U.S. District Court
- Preparing a detailed legal brief arguing why the administrative decision was wrong
- Potentially participating in oral arguments before a federal judge
- Awaiting the court’s decision, which may affirm, reverse, or remand the case
Our attorneys handle cases at both the federal and state levels, including the Supreme Court of North Carolina. This experience is invaluable when taking Social Security Disability cases to federal court.
The Value of Legal Representation in Federal Court
Why Experience Matters
Successfully challenging a Social Security decision in federal court requires specialized knowledge of:
- Federal court procedures and rules
- Social Security regulations and policies
- Relevant case law precedents
- Effective legal brief writing
The O’Malley Tunstall, PC, team has the expertise needed to effectively advocate for clients in federal court. Attorney Susan M. O’Malley is a North Carolina State Board Certified Specialist in Social Security Disability law, bringing exceptional credentials to these complex cases.
Success Rates With Legal Representation
Statistics consistently show that applicants with legal representation are significantly more likely to secure benefits than those not represented by an attorney. This advantage is even more pronounced at the federal court level, where:
- Legal arguments must be precisely framed
- Technical errors can be fatal to your case
- Judges expect professional presentations
- Knowledge of precedential decisions is crucial
Our client testimonials demonstrate our success in helping Eastern North Carolina residents secure the benefits they deserve, even after initial denials.
Common Reasons for Social Security Disability Claim Denials
Understanding why claims are denied is essential to developing an effective strategy for appeal. Common reasons include:
- Insufficient medical evidence: The SSA requires comprehensive documentation of your medical condition from acceptable medical sources.
- Failure to meet the disability definition: Your medically determinable physical or mental impairment must prevent substantial gainful activity and last (or be expected to last) at least 12 months.
- Incomplete work history: Your eligibility partly depends on earning sufficient work credits through employment covered by Social Security.
- Technical errors: Missing information or incorrectly completed forms can result in automatic denials.
- Failure to follow prescribed treatment: The SSA may deny benefits if you don’t follow treatment recommended by your doctor without good reason.
Our attorneys analyze denial notices to determine the specific reasons for rejection and develop targeted strategies to address these issues in subsequent appeals.
The Role of a Social Security Disability Attorney
How We Help Before Federal Court
Many denials can be resolved before reaching federal court. Our attorneys help by:
- Ensuring applications contain complete and compelling medical evidence
- Preparing clients thoroughly for Administrative Law Judge hearings
- Obtaining expert opinions to support disability claims
- Addressing technical issues that led to initial denials
The earlier you involve an attorney in your case, the better your chances of securing benefits without needing federal court intervention.
When Federal Court Becomes Necessary
If your case does require federal court action, our attorneys provide comprehensive representation by:
- Conducting a thorough review of your entire case file
- Identifying legal errors in the administrative process
- Preparing compelling legal briefs that clearly articulate why the decision should be reversed
- Representing you throughout the federal court proceedings
With offices in Raleigh serving eastern North Carolina, we have extensive experience with the federal courts in our region, giving our clients a significant advantage.
Contact O’Malley Tunstall, PC, for Social Security Disability Representation
Navigating the Social Security Disability appeals process, especially at the federal court level, requires specialized legal knowledge. O’Malley Tunstall, PC, provides experienced representation to help you secure the benefits you deserve, whether through administrative appeals or federal court action. Don’t face the complex federal court system alone—contact our team today:
- Phone: (919) 277-0150
- Free Case Evaluation: Click here to schedule your consultation
- Address: O’Malley Tunstall PC, 8300 Falls of Neuse Road, Raleigh, NC 27615
Frequently Asked Questions
Can people sue Social Security?
Generally, individuals cannot sue the Social Security Administration for benefit determinations because of statutory protections like the Federal Tort Claims Act. Instead, if you disagree with an SSA decision, you must appeal through their established administrative process. At O’Malley Tunstall, PC, we guide clients through this process and, when necessary, represent them in federal court after all administrative remedies have been exhausted.
Who holds Social Security accountable?
The SSA is held accountable by several oversight bodies, including Congress, the Government Accountability Office (GAO), and the SSA Office of the Inspector General. Additionally, the federal court system provides judicial review of SSA decisions when claimants believe their cases have been improperly decided. Our attorneys at O’Malley Tunstall, PC, leverage this accountability system to advocate for our clients.
Where can I hire a Social Security Disability lawyer?
O’Malley Tunstall, PC offers experienced Social Security Disability representation in Raleigh and throughout Eastern North Carolina. Our board-certified specialist, Susan M. O’Malley, has decades of experience helping disabled individuals secure the benefits they deserve. Contact us at (919) 277-0150, visit our contact page to schedule a free consultation, or come to our office at 8300 Falls of Neuse Road, Raleigh, NC 27615.
