Whats my chances of geting my social security disability if I have to go to federal court to sue social security.
Milwaukee, WI
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Posted about 1 month ago in Social Security
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I'm a disabled vet. and been to court 3 times for the same case. My case started in Dec. 1999. My attorney chose not to represent me in federal court.
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Answers (1)Cary L. Winslow
This attorney is licensed in Wisconsin and 3 other states.
Posted about 1 month ago.
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Unfortunately, you don't give enough information about your case for me to provide more than some general thoughts. A federal court can only reverse an unfavorable ALJ decision if the decision is either (1) not supported by substantial evidence in the hearing record or (2) based on errors of law. Sometimes a federal court will also send a case back to Social Security to consider new, material evidence if there is good cause for the evidence not being submitted earlier. The federal court itself does not re-hear or re-decide the case. Federal court review centers on the ALJ's decision. If the ALJ's decision, for example, fails to account for evidence in the record that clearly supports a finding of disability, the federal court would probably vacate the ALJ's decision and order Social Security re-hear your case. When an ALJ fails to account for such evidence, the federal court cannot find that the decision is supported by substantial evidence.
You have a lot at stake here. If you do not appeal your decision, you may be giving up ten years of benefits. ALJ decisions frequently contain mistakes warranting reversal. If your current attorney does not want to represent you in federal court, you may want to speak with another attorney for a second (or third) opinion. |