Jurisdiction:
Area of Law:
Question:
Selected Answer:
Submitted by DakotaLegal on
All Comments
Submitted by DakotaLegal on
First, your crucial time issue…appealing into a California federal court, sixty calendar days from the day the Appeals Council actually issued its ruling. The SSA assumes five days for your receiving the mailing: but if running out of time, you can ask, in writing, for an extension from the Appeals Council. In addition to looking at the forms and filing process, we can talk about exactly what you’re asking for (the “relief requested’). It may make more sense not only to ask the District Court for a reversal of the denial, but to re-consider some specific reasons for the denial. That’s one of the reasons I’m also going to suggest several options for affordable legal help.
It seems pretty clear from your question, too, that you have actually received a formal letter of Denial. But just to be clear, there are actually several grounds for appealing what amounts to being a “final” order, so long as it affects your entitlement to disability. This can be important as you decide the reason (the legal basis) for your appeal. In short, though, most federal district court appeals are on the basis of a final order and a “wrongful denial.” Here’s an important case regarding those differences: http://sup reme.justia.com /cases/federal/us/524/266/case.pdf. By looking at SSDI appeals cases, you will be able to get some common information about what should be in the forms you file. This can save you enormous amounts of time, money, and frustration. And never overlook the duty of the SSA to help you get information for the appeal….they may disagree with giving you benefits, but they have a legal obligation to make sure you get a complete hearing! http://www.ssa.gov/appeals/court_process.html.
The Question of Having Had Legal Help?
It’s possible you’re done this all on your own, as Pro Se, based on wanting to avoid running up costs for legal help. I am even assuming that’s the case, since you are asking about an appeal on your own, into a system that is even more complicated than that of Social Security itself. Some federal district courts will insist you have a lawyer for federal filing of a disability denial: http://www.fas.org/sgp/crs/misc/R41289.pdf.
If you have had legal help, they can also help pull together the supporting documentation that is essential to a district court appeal. Some people incorrectly assume that merely filling out the “forms” is enough to win a case. In fact, the convincing use of medical evidence identified in the pleadings, and attached to the forms, is often more important than “correctly” filling out the forms. Here’s a set of directions (from another federal court jurisdiction, but still very helpful), describing how you may ask for a Pro Bono (free) appointment by the court: http://www.nysd.uscourts.gov/file/forms/how-to-appeal-a-social-security-ssi-disability-case. I’d suggest you particularly look at the section on crafting your complaint.
If you have never had any legal help, I urge you to try some other low-cost alternatives. Here’s one, for the greater LA area; they can help identify options if you live elsewhere: http://www.lafla.org/. You can also try to get referral information from California’s State Protection and Advocacy group… http://www.disabilityrightsca. org/about/psa.htm.
There are even law student clinics available. Many of the best SSDI appeal victories have come from getting help from this source…for example, http://blogs.findlaw.com/dc_ circuit/2011/08/student-and-pro-se-team-win-disability-benefits-appeal-in-dc-circuit.html. In the case described there, there was also special pressure brought to bear on the allegedly poor quality of the medical evaluation used by the SSA.
The Forms For Appeal
There are a few excellent books available that give information about filing forms. You can also access federal district court on-line filing forms, and get training in the filing process, depending on where you live: http://support.cacd.uscourts.gov/faq.aspx. Depending on the nature of your own disability, you might contact an advocacy organization. For example, one of the best sources for obtaining appeals forms is from the National MS Society: http://www.nationalmssociety.org/government-affairs-and-advocacy/government-programs/social-security-disability/index.aspx.
In California, federal district court e-filing has been designed to allow you to open an account in each federal district court, and to file: http://www.cacd.uscourts.gov/e-filing.
First, your crucial time issue…appealing into a California federal court, sixty calendar days from the day the Appeals Council actually issued its ruling. The SSA assumes five days for your receiving the mailing: but if running out of time, you can ask, in writing, for an extension from the Appeals Council. In addition to looking at the forms and filing process, we can talk about exactly what you’re asking for (the “relief requested’). It may make more sense not only to ask the District Court for a reversal of the denial, but to re-consider some specific reasons for the denial. That’s one of the reasons I’m also going to suggest several options for affordable legal help.
It seems pretty clear from your question, too, that you have actually received a formal letter of Denial. But just to be clear, there are actually several grounds for appealing what amounts to being a “final” order, so long as it affects your entitlement to disability. This can be important as you decide the reason (the legal basis) for your appeal. In short, though, most federal district court appeals are on the basis of a final order and a “wrongful denial.” Here’s an important case regarding those differences: http://sup reme.justia.com /cases/federal/us/524/266/case.pdf. By looking at SSDI appeals cases, you will be able to get some common information about what should be in the forms you file. This can save you enormous amounts of time, money, and frustration. And never overlook the duty of the SSA to help you get information for the appeal….they may disagree with giving you benefits, but they have a legal obligation to make sure you get a complete hearing! http://www.ssa.gov/appeals/court_process.html.
The Question of Having Had Legal Help?
It’s possible you’re done this all on your own, as Pro Se, based on wanting to avoid running up costs for legal help. I am even assuming that’s the case, since you are asking about an appeal on your own, into a system that is even more complicated than that of Social Security itself. Some federal district courts will insist you have a lawyer for federal filing of a disability denial: http://www.fas.org/sgp/crs/misc/R41289.pdf.
If you have had legal help, they can also help pull together the supporting documentation that is essential to a district court appeal. Some people incorrectly assume that merely filling out the “forms” is enough to win a case. In fact, the convincing use of medical evidence identified in the pleadings, and attached to the forms, is often more important than “correctly” filling out the forms. Here’s a set of directions (from another federal court jurisdiction, but still very helpful), describing how you may ask for a Pro Bono (free) appointment by the court: http://www.nysd.uscourts.gov/file/forms/how-to-appeal-a-social-security-ssi-disability-case. I’d suggest you particularly look at the section on crafting your complaint.
If you have never had any legal help, I urge you to try some other low-cost alternatives. Here’s one, for the greater LA area; they can help identify options if you live elsewhere: http://www.lafla.org/. You can also try to get referral information from California’s State Protection and Advocacy group… http://www.disabilityrightsca. org/about/psa.htm.
There are even law student clinics available. Many of the best SSDI appeal victories have come from getting help from this source…for example, http://blogs.findlaw.com/dc_ circuit/2011/08/student-and-pro-se-team-win-disability-benefits-appeal-in-dc-circuit.html. In the case described there, there was also special pressure brought to bear on the allegedly poor quality of the medical evaluation used by the SSA.
The Forms For Appeal
There are a few excellent books available that give information about filing forms. You can also access federal district court on-line filing forms, and get training in the filing process, depending on where you live: http://support.cacd.uscourts.gov/faq.aspx. Depending on the nature of your own disability, you might contact an advocacy organization. For example, one of the best sources for obtaining appeals forms is from the National MS Society: http://www.nationalmssociety.org/government-affairs-and-advocacy/government-programs/social-security-disability/index.aspx.
In California, federal district court e-filing has been designed to allow you to open an account in each federal district court, and to file: http://www.cacd.uscourts.gov/e-filing.