Why Disability Attorneys Should Refer Federal Appeals to a Local Attorney

When you first submit your application for Social Security benefits, you have a 70% chance it being denied. From there, you can submit a reconsideration appeal. If this is also denied, you can then request a hearing in front of an administrative law judge (ALJ). If you’re denied during this hearing, you can appeal your case to the Appeals Council. It’s only when your case is denied by the Appeals Council that you’ll end up going in front of Federal District Court. This is the last step, and an important one to get right.

A US district court can be a complicated place to be, especially if a disability attorney doesn’t have very much experience with it. Instead of being in the room with a jury or a panel, they’re in the room with only a judge. It’s one of the reasons why disability representatives and disability attorneys won’t even consider taking the case to Federal Court.

Theoretically, the judge is only supposed to be going over the case to look for potential legal mistakes. However, in Federal Court Appeals, it’s not out of the question for the judge to ask additional questions as well. When you refer your case, you’re ensuring that you get the best possible representation while your case is in court. An experienced local attorney will know what to expect, not only from the process but also of the individual judges.

What Will Happen to My Case? There are a few outcomes you can expect from federal appeals:

• Reversal: This outcome is obviously what you’re looking for, but statistically, it’s unlikely to happen. It’s rare that judges will actually reverse the case.
• Remand: About half of disability cases are returned to the Social Security Administration. In this case, the judge is asking for the SSA to reconsider certain factors before making a final decision.

In the case of a remand, the judge might state that the SSA didn’t take into account what the primary doctor had to say about their injuries. They may point out that the pain and suffering sustained from the injury were substantial enough for reconsideration.

Despite the fact that reversals are uncommon, your chances of an eventual reversal are good. A New Mexico Federal Attorney can be the key to smoothing the way between a no and a yes. An experienced local attorney can frame the matter in such a way so people rule on the reality of the situation rather than their perception.