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How can I sue Social Security

Richmond, VA |

these bastards at social security will not allow me to get disability, i have appealed and still can not get my benefits, I believe they are lying about my case now I am at the end of my rope, I need money, I have nothing to live on. I am in pain all the time how can I work.

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Attorney answers 3

Posted

You are allowed to file a lawsuit in Federal Court on your Social Security disability claim, but only if you exhaust all of your appeals with the Agency first. Each time Social Security denies you, you have to appeal within the 60 day deadline to get up to the next level. In the end, if they keep on denying you, you'll get a total of 4 decisions - the initial decision, the reconsideration decision, the hearing decision, and finally a decision from the Appeals Council. If you want to sue Social Security, you have to do it within 60 days after you get the Appeals Council's decision.

I would recommend that anyone who wants to appeal their claim beyond the first two decisions (initial and reconsideration) should definitely hire an attorney. You can hire a non-attorney to represent you at your hearing, but they can't take your case to federal court later, if you're denied.

Posted

Many people are denied initially and on reconsideration (2nd step, 1st appeal) who are eventually found disabled after a hearing of their case by an administrative law judge. I'm sorry to hear that you're among that large group of disabled people whose claims have been denied initially and on reconsideration.

As already suggested, it's a good idea: (1) appeal again, or from what you have said, request a hearing before an administrative law judge within the 60 day time limit and (2) look for an attorney. Most attorneys will represent someone on his/her Social Security disability case on a contingency fee basis or you do not pay the attorney a fee for his/her services unless you are awarded benefits. It would be wise to look for an attorney with experience representing people before Social Security (or in Social Security disability law), you can do so by (a) looking in the paper or online yellow pages in your area for an attorney listed under that specialty, (b) asking for a referral from your local/regional Legal Aid office; (3) calling NOSSCR (National Organization for Social Security Claimants' Representatives and asking for a referral at 1800431-2804. You can also go to the NOSSCR website, some attorneys list their websites on a page of the NOSSCR website. (c) look for an attorney online, many Social Security disability attorneys have websites.

It's important not to miss the filing deadline for an appeal, you can always file an appeal on your own to make sure you don't miss the 60 day deadline & then look for an attorney. If you miss the deadline, you may have to file a new claim, and if you do, you may lose all the potential retroactive benefits from your former/earlier claim or even be barred from filing for one type of disability benefit.

The problem of how to survive until you get your benefits (when you cannot work) is an all too common and very serious difficulty. All I can suggest is that you look into what types of assistance or benefits your state, VA, may offer to people who are disabled and/or unemployed, in addition to assistance like food stamps, etc.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Oregon. Responses are based solely on Oregon law unless stated otherwise.

Posted

My colleagues have provided you with sound advice, please heed their words and Never Give Up!

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.