Filing a Civil Suit in Federal Court When Your Benefits Claim Has Been Denied
Handling SSD appeals for people in Jackson, Memphis and throughout West Tennessee
The final step in the Social Security Disability appeals process involves filing a suit in federal court. At Bailey & Greer, PLLC, our attorneys combine their backgrounds in Social Security Disability law and their experience in federal litigation to provide comprehensive representation for clients all over West Tennessee. If you need Social Security Disability benefits to protect yourself and your family, our team wants to hear your story.
When can you file in federal court?
The federal court is your last chance for an appeal. If the Appeals Council will not review your case, or if you disagree with its decision, you can take your case to the federal court. As with every other step in the appeals process, you have 60 days to file your complaint in the judicial district where you work or live. If you do not work or reside in one of the districts, then your suit will be filed in United States District Court for the District of Columbia. For people in Tennessee, the closest district court is located in Kansas City, MO; that means your suit would need to be filed in the District of Columbia.
Making the decision to file an action
First, there is a $400 fee when you file a lawsuit in federal court. If you are unable to pay the fee you can apply for a waiver, but if the waiver is not granted you must pay the fee before you can proceed.
Second, filing a suit in federal court is not always the best option to pursue your benefits. At Bailey & Greer, our attorneys have experience in the federal court system – but we also know that you deserve to have all of your options explained to you. Federal lawsuits can take a lot of time, and you may be better off filing a new application for Social Security Disability benefits. If you choose not to take the last step of the appeals process, we can guide you through your new application and help you gather the documents you need in order to file again.
We can create options for you when you need them most
Appealing for your Social Security Disability benefits can be complicated; choosing an attorney to represent you should not be. Bailey & Greer, PLLC, has the skills, the experience and the resources to help you. To discuss your appeals options with attorneys who care about your future, please call 901.475.7434 or fill out our contact form.