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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Some of your question (about “which forms” you need) will depend on where your denial technically is, in the system. I also would recommend you (re)consider whether representing yourself in the hearing appeal process is the only choice you have. Because of changes in the way appeals are being handled, it is even more often now not in your interest to act without a lawyer or legal representative. One example is that it used to be possible to continue an appeal and a new filing at the same time. No longer.
The need for your getting advice about the “next” appeal (and most expensive appeal, into a federal court) comes from the reality of how slow the court system is. http://www. dummies.com/how-to/content/how-to-appeal-a-social-security-decision.html. But you aren’t expected to file your appeals slowly…you have only 60 day windows to appeal. It often makes more sense to stop an appeal, when you realize there’s some basic flaw in your case. Depending on the specific situation, starting a new claim at the initial “intake” level has often saved literally many years of frustration. Less than 1% of all SSDI cases are appealed into federal court, and very few lawyers take on these cases. I do admit that a few winning (very, very few) pro se/self represented court SSDI cases do happen.
On the other hand, the odds are (and my assumption here is) that you have already had some legal advocate willing to help you through the first four stages of SSDI applications and appeals. If you have never had a lawyer help you, then my worry for your case is even higher. At the least, go get a free consultation about what a seasoned SSDI attorney recommends about going into federal court pro se. You can screen for an SSDI specialist here… http://www.calbar.ca.gov/ Public/Lawyer ReferralServices LRS.aspx.
Regardless of my concerns about your doing this “on your own,” we will end the conversation with some ideas about how best to do that.
The Stage (Or Place) Of Denial
The process of deciding SSDI eligibility is usually a “five step” dance. At each point along the way, though, there are usually several ways to ask for a review or reconsideration of each denial. Have you tried each separate appeal?
You will have been able to ask for reviews (not full appeals) if you have any evidence of information not being properly included in your review. One bit of advice I’ve always tried to give anyone who is representing themselves is to go and physically look through your entire case history. http://www.ssa.gov/pubs/10068.html. If you are intent on filing a federal case, this is where you will usually find serous mistakes (often in the handwritten notes) in either the California field office or SSA’s appeals council’s handling of your case.
The Final Denial and Federal Court Filings
The reason you usually have to go through each stage is based on what’s called “exhaustion of remedies.” This may add to a feeling of frustration…due to the months turning to years it takes…but there’s one good thing in the process. By going through the previous four levels, you will be building a federal case. This also makes the SSA bear a heavier burden, because they often make mistakes in the denial process (some estimates are at least a 35% serious error rate).
So when you ask about the “forms” you need to file a suit, this earlier denial paperwork is going to be essential. Here’s a good work site to give you suggestions about how to build up a trial case “binder” : http://www.thecasefile.com/Documents/TrialNotebook.pdf. Nolo Press has some of the best books with guides, forms, and manuals for the SSDI Pro Se claimant.
Getting The Forms You Need
Depending on what federal court you file in, the chances of getting a reversal of a denial can be average to excellent. This “predictability” (which is hardly certain in any specific case) definitely makes SSDI civil suits very different from many other lawsuits. Otherwise, suing for a denial of SSDI is not all that different from any other lawsuit. The problem will be in knowing all of the rules that make the forms work. The good news for you in filing a federal case is that many judges bend over backwards to help pro se applicants who show they have done their homework: http://www. caed.uscourts.gov/caed/ documents/forms/civil/prosepack.sightimpaired.pdf.
Some of your question (about “which forms” you need) will depend on where your denial technically is, in the system. I also would recommend you (re)consider whether representing yourself in the hearing appeal process is the only choice you have. Because of changes in the way appeals are being handled, it is even more often now not in your interest to act without a lawyer or legal representative. One example is that it used to be possible to continue an appeal and a new filing at the same time. No longer.
The need for your getting advice about the “next” appeal (and most expensive appeal, into a federal court) comes from the reality of how slow the court system is. http://www. dummies.com/how-to/content/how-to-appeal-a-social-security-decision.html. But you aren’t expected to file your appeals slowly…you have only 60 day windows to appeal. It often makes more sense to stop an appeal, when you realize there’s some basic flaw in your case. Depending on the specific situation, starting a new claim at the initial “intake” level has often saved literally many years of frustration. Less than 1% of all SSDI cases are appealed into federal court, and very few lawyers take on these cases. I do admit that a few winning (very, very few) pro se/self represented court SSDI cases do happen.
On the other hand, the odds are (and my assumption here is) that you have already had some legal advocate willing to help you through the first four stages of SSDI applications and appeals. If you have never had a lawyer help you, then my worry for your case is even higher. At the least, go get a free consultation about what a seasoned SSDI attorney recommends about going into federal court pro se. You can screen for an SSDI specialist here… http://www.calbar.ca.gov/ Public/Lawyer ReferralServices LRS.aspx.
Regardless of my concerns about your doing this “on your own,” we will end the conversation with some ideas about how best to do that.
The Stage (Or Place) Of Denial
The process of deciding SSDI eligibility is usually a “five step” dance. At each point along the way, though, there are usually several ways to ask for a review or reconsideration of each denial. Have you tried each separate appeal?
You will have been able to ask for reviews (not full appeals) if you have any evidence of information not being properly included in your review. One bit of advice I’ve always tried to give anyone who is representing themselves is to go and physically look through your entire case history. http://www.ssa.gov/pubs/10068.html. If you are intent on filing a federal case, this is where you will usually find serous mistakes (often in the handwritten notes) in either the California field office or SSA’s appeals council’s handling of your case.
The Final Denial and Federal Court Filings
The reason you usually have to go through each stage is based on what’s called “exhaustion of remedies.” This may add to a feeling of frustration…due to the months turning to years it takes…but there’s one good thing in the process. By going through the previous four levels, you will be building a federal case. This also makes the SSA bear a heavier burden, because they often make mistakes in the denial process (some estimates are at least a 35% serious error rate).
So when you ask about the “forms” you need to file a suit, this earlier denial paperwork is going to be essential. Here’s a good work site to give you suggestions about how to build up a trial case “binder” : http://www.thecasefile.com/Documents/TrialNotebook.pdf. Nolo Press has some of the best books with guides, forms, and manuals for the SSDI Pro Se claimant.
Getting The Forms You Need
Depending on what federal court you file in, the chances of getting a reversal of a denial can be average to excellent. This “predictability” (which is hardly certain in any specific case) definitely makes SSDI civil suits very different from many other lawsuits. Otherwise, suing for a denial of SSDI is not all that different from any other lawsuit. The problem will be in knowing all of the rules that make the forms work. The good news for you in filing a federal case is that many judges bend over backwards to help pro se applicants who show they have done their homework: http://www. caed.uscourts.gov/caed/ documents/forms/civil/prosepack.sightimpaired.pdf.