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Filing a Federal Social Security Disability Appeal

Filing a Federal Appeal

File a Complaint with the Clerk of the Federal Court. When you file a Complaint you will need to pay the filing fee or submit a Motion to File Informa Pauperis (motion to waive filing fees).

Serving the Summons

The clerk must issue the Summons by stamping it and then the document must be served upon opposing counsel. Serving the summons can be done by US mail, a special process server, or the US Marshall Service. It is the plaintiff's responsibility to make sure a proof of service is filed with the court to prove the summons was received by the opposing counsel (generally the US attorney).

Normally in a civil case the defendant has 60 days to file a defendant's answer to the complaint, stating if the defendant disagrees with the allegations in the complaint or agrees to remand the claim. In addition, the defendant must also file a transcript of proceedings. This transcript includes all the documents and evidence that was in the record for the Administrative Law Judge (ALJ) at the Social Security Disability hearing for SSI and/or disability insurance benefits.

Setting the Scheduling Order

Once the transcript is filed, the Magistrate Judge will set a scheduling order to inform the parties of the courts deadlines. In some cases the judge schedules a phone hearing or oral argument. The scheduling order assigns both parties a deadline to file briefs and memorandum of law in support of their positions.

Once the briefs and memorandums of law have been filed the judge is responsible for considering the laws in the case and determining if the evidence shows the ALJ made an error of law. If there was an error of law, the case must be remanded to the Appeals Council and then to the ALJ for a new hearing. If the evidence does not show an error of law, the Judge will deny the appeal, affirming the Social Security's decision.

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