Do You Need a Social Security Attorney If You Plan to Appeal to the Federal Court?
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Q: If you are still not awarded benefits after having your disability claim heard before an administrative judge, can you appeal further and do you need a social security attorney to do that?
A: If you were not awarded benefits after a hearing, you can appeal further. The next step is to request that your case be reviewed by the Social Security Appeals Council. The Appeals Council will review the decision of the judge and determine if they agree. The Appeals Council will either turn down your request for review or grant a review. If it reviews your case, they can decide that it should be heard by a new administrative judge (called a "remand") or make the decision itself. If the Appeals Council denies your request for review, you can appeal to the Federal Court. Likewise, you can appeal to the Federal Courts if your case was reviewed but you disagree with the decision. If your claim was not represented by a Social Security attorney for your hearing, you will want to hire one if you plan to appeal. You will need a Social Security attorney if you plan to file a suit with the Federal Court.
Q: How do you file an appeal to the Federal Courts?
A: If you were either denied a review by the Appeals Council or disagree with the decision after a review, you can file a suit with the Federal Courts. You will need to file a complaint against the Social Security Administration. It is important that you file your complaint within 60 days of when you received notification from the Appeals Council. If you do not currently have a Social Security attorney, hire one now. You will be bringing a lawsuit in the Federal Courts and this action cannot be taken lightly or without the representation of a Social security attorney. A non attorney representative cannot represent you in Federal Court. A Social Security attorney will help you draft and file your complaint, as well as assure that all the evidence and the supporting arguments are as strong as they can be.
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