How do I file a Social Security Disability Appeal in Federal Court?

To file a Social Security Disability claim to Federal court you must follow the Federal Rules of Civil Procedure, which includes filing a Complaint, Civil Cover Sheet, and Summons. All documents need to be filed in a timely manner.

Initiating a Federal Appeal

When appealing your Appeals Council denial to the Federal court you need to file a Complaint with a Civil Cover Sheet. The Complaint must state the Federal statute that gives the court jurisdiction, a brief statement of the facts of the case, and a statement of what relief you asking the court. The Civil Cover Sheet states the county in which the claim arose, why the court has jurisdiction over the claim, the type of citizenship of the parties, and the nature of the suit (what type of law suit you are filing).

Once the Complaint is filed with the Clerk of Courts the clerk issues a docket number, assigning the case to a Federal Court Judge and Magistrate Judge.

Filing the Summons

A Summons is notice sent to all parties in the suit, making them aware that a claim has been filed. It provides the defendant notice as to when the defendant needs to file a response to the allegations in the Complaint. A Summons in a Social Security Disability Appeal is sent to three offices: 1) the Regional Chief Counsel of SSA in Atlanta, GA.; 2) the Attorney General of the US; and 3) the US Attorney's office. The plaintiff (claimant) is responsible for serving the Summons to the parties named in the suite and is also responsibility to provide proof of service for all three Summons to the court.

Filing Fees

In most Federal courts there is a filing fee to initiate your Federal appeal. Upon filing a Complaint the claimant pays the filing fee for the Federal court. The amount of the filing fee is dictated by the local rules of the district court where you filed your Federal appeal - generally the amount for filing fees is $350.00. The claimant may request the court to waive the fees by filing a Motion to Proceed Informa Pauperis. This motion must be filed with the Complaint.

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