| Federal District Court
SSA expects to replace the Appeals Council with a Decision Review Board. However, if the Appeals Council denies your claim, you have sixty (60) days from the date of their notice to file a complaint to the proper Federal District Court for judicial review. Strict evidentiary requirements have been imposed on Social Security. The ALJ must explain their reasons for rejecting relevant evidence in their Findings of Fact.
After the Complaint has been filed in court, SSA has sixty (60) days to file a written Answer. An Answer must be accompanied by a written transcript of the hearing. Afterwards, the Plaintiff (claimant) and the Defendant (SSA) file Motions for Summary Judgment. Sometimes, the parties agree and stipulate to a new hearing without further intervention, but if no agreement is reached, the judge renders a decision.
SSA is defended by attorneys or Assistant Regional Counsels from the Office of the General Counsel. Sometimes, the attorneys settled cases with voluntary remands by agreeing to return deficient cases back to the ALJ for corrective action. Linda Cosme previously worked as Assistant Regional Council for SSA’s Office of the General Counsel. |