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Avard Law Offices | Social Security Disability & Personal Injury Attorneys | South Florida
Avard Law Offices | Social Security Disability & Personal Injury Attorneys | South Florida
Federal Court Appeals for SSD Frequently Asked Questions2023-09-29T05:11:19+00:00

Federal Court Appeals on Social Security Disability Frequently Asked Questions

What happens when your disability case goes to federal court?2023-04-21T02:43:35+00:00

Generally, the defendant (Social Security Administration) has 60 days after the plaintiff (disability claimant) files their complaint in District Court to file a complete transcript of the actions taken and testimony given before the agency.

After that, the plaintiff has 30 days to file a brief containing legal arguments and statements of fact.

After that, the Defendant has another 30 days to file their brief containing legal arguments and statements of fact.

Either party may ask the court for an extension of time to file their briefs.  Generally, the court will grant an extension of 30 days at least once.

Once all the briefs are filed, typically it takes the Court approximately 6 months or more to issue a decision.

What kind of a decision does the court make?2023-04-21T02:44:06+00:00

Generally, the court will either deny the claim or issue a remand (send the case back) to the administrative agency (Social Security’s Appeals Council).  The remand order will state what legal issues warranted the remand to the agency.

How long does it take after the Court’s order to remand before the Appeals Council issues a remand to the Administrative Law Judge?2023-04-21T02:44:57+00:00

It typically takes 90-180 days for the Appeals Council to issue a notice of remand.

Once the hearing office for that Administrative Law Judge is notified by the Appeals Council that a case has been remanded, it could take approximately 6 months or even 9 months before a new hearing is scheduled.

Once the hearing has been held, if nothing additional is needed for evidence, it typically takes 30-90 days for the hearing office to issue a decision.

Once the ALJ favorable decision is issue, it generally takes a couple of months before a check for monthly benefits is received.

All attorneys’ fees are approved by the ALJ in the ALJ’s decision.

How long does it take before you will receive a check for benefits after receiving the ALJ’s favorable decision?2023-04-21T02:45:40+00:00

If you receive a partially favorable or fully favorable decision by the Administrative Law Judge, Award Notice(s) will be issued by the payment center and/or the local Social Security office.  If your claim involves SSI, a financial update will be scheduled and once SSA receives all documents, it may take 30 – 60 days to issue the Award Notice and issue your first check.  SSI is typically paid before the disability benefits pursuant to Title II. The Title II Award Notices are issued by the payment center. If you have a disability claim pursuant to Title II only, an Award Notice and payment are typically issued in approximately 45-90 days or so. Could be less time or may take additional time. In the event that you are entitled to benefits under both Title XVI (SSI) Title II, the Title II benefits will not be paid until the SSI Award Notice and benefits have been calculated.   Keep in mind that it is imperative that SSA have your correct bank account information for direct deposit.

If there are additional documents needed, this may take longer to receive payment, i.e. workers compensation benefits information and anything additional that SSA may need to process the Award Notices and payment.

If the court denies the claim what may happen next?2023-04-21T02:46:10+00:00

The plaintiff may appeal if the attorney decides there is merit to an appeal.  Unless the claimant is from a different Circuit, the Appeal will generally go to the Eleventh Circuit Court of Appeals in Atlanta, Georgia.

What if I feel my questions are not answered in this Q&A?

Please call your Avard Law case worker or attorney at (239) 945-0808 and tell them the question for which you do not understand the answer. Or ask a question not covered by the Q & A questions. Please note that your calls should be answered within 48 hours. Thank you for your assistance. We are working very hard to help you win your case.


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