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Social Security Federal Appeal

Mesquite, NV |

I have a case at the federal level with social security disability. It was denied by the ALJ and then denied by the appeals council so the attorney filed in federal court. This was in Feb. of 2013. I am wondering how long it typically takes to get any sort of answer from the court? I haven't really heard anything from my lawyer since then and they are hard to get a hold of. Any other information you can provide about the process at this point would also be appreciated. Also, I'm wondering if a congressional inquiry at this point in the process makes any difference in speeding it up? Any info on the odds of a remand at this level or even the odds of an outright approval?

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Attorney answers 4

Posted

Talk offline to your attorney

Online communication is not private

Posted

Every jurisdiction is different, but in Mass the US District Court can take 2-6 months to render a decision, which can then be appealed as well. The USDCT can look at the decision, whether the Judge applied the law correctly, if you have many problems, whether they were all taken into account, and if the decision was properly made. One thing the appellate lever cannot review if the Judge's decision on your credibility and veracity. Claims at the USDCT are difficult and can take a long time, with many motions and steps to go through.

Posted

First ask your attorney. Second, if you cannot reach your attorney, contact the magistrate or judge's secretary. Since you lost at the ALJ level and the AC level you may want to also file a new claim while you are waiting for this decision.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

Posted

As it relates to your question regarding a congressional inquiry, I recently had a client contact their US Senator's office regarding and inquiry while we were in USDC. The response from the Senator's office was that they were unable to make an inquiry due to the separation of powers. (Congressional vs. Judicial branches of government).

I too would recommend that you reach out to your attorney for a status on your case. USDC cases can take a year or more in my jurisdiction and there are long expanses of time where you are just waiting for an action to be taken by the Defendant or for a ruling from the Court.

Matthew T Famiglietti

Matthew T Famiglietti

Posted

Congressional involvement when a case is pending in court is improper, and i advise the client it will harm the case.

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