Disability Attorney in Tennessee
Suing the Social Security Administration in Federal Court
If your Request for Reconsideration is denied, and should you be denied benefits in an administrative hearing before an Administrative Law Judge (ALJ), you have further avenues to challenge the decision. These avenues to further appeal include the following:
- Asking for a review by the Appeals Council: If the ALJ denies a claim after a hearing, it may be appealed to the Social Security Appeals Council.
- Filing lawsuit in federal district court: If the Appeals Council denies a request for Appeals Council review, it may be appealed to a federal district court.
If the Appeals Council denies a request for Appeals Council review or refuses benefits, the next level of appeal is to a federal district court. Federal appellate practice is complex and not easily understood by laymen. You must be a licensed attorney to practice before a federal district court. The wisest choice in this situation is to seek representation by a skilled Jackson social security disability attorney.
A Tennessee disability attorney is not only familiar with the time limits to file. As experienced social security disability lawyers in Memphis and Jackson, Tennessee, the law firm of Byrd & Byrd know how best to present your case in the strongest light in federal court. Byrd & Byrd, Attorneys at Law, PLLC appear in the federal courts on a daily basis and have the extensive knowledge of social security disability law that you need for your appeal.
Continuing benefits pending appeal of benefit termination
It is important to note that in some cases, you may be able to continue to receive benefits while waiting for a decision on the appeal of the termination of your benefits. You can ask that your benefits continue when you are appealing a decision that you:
- Can no longer get Social Security disability benefits because your medical condition is not disabling
- Are no longer eligible for SSI payments or that your SSI payment should be reduced or suspended
To take advantage of these situations and to continue receiving benefits, you are required to contact the Social Security Administration within 10 days of the date of receipt of their letter about your case.