The federal court review can be the final step in a Social Security case, but if a claimant gets to this step they have been involved with a claim for several years. The federal court review occurs if a claimant appeals an unfavorable decision from an Administrative Law Judge (ALJ) and that decision is upheld by the Appeals Process. The federal court process is typically the most expensive phase of a claim. Below is more detail from Social Security about the federal court review.
The Process
If you disagree with the Appeals Council’s decision, or if the Appeals Council decides not to review your case, you can file a civil suit in a Federal district court. This is the last level of the appeals process. The civil action is filed in the district court of the United States for the judicial district in which you live or where you have your principal place of business. If you do not live within a judicial district or if you do not have your principal place of business within a judicial district, the civil action must be filed in the United States District Court for the District of Columbia. There is a fee for filing a civil action in Federal court. As explained in detail in the notice you receive from the Appeals Council, if you file a civil action, you must send us copies of the complaint you filed and of the summons issued by the court. These copies must be sent by certified or registered mail to the Social Security Administration’s Office of the General Counsel that handles the area where the complaint is filed. For information on the office associated with your area.
Time Limits
If the Appeals Council denies your request for review or issues an unfavorable decision, you may file a civil action in U.S. District Court within 60 days after you receive notice of the Council’s action in the case. The Office of Analytics, Review, and Oversight prepares the certified record for the Courts in such cases.
