Representing Disability Claimants at Every Stage
Applying for Social Security Disability Insurance or Supplemental Security Income is rarely a straight line. Many strong cases are denied initially, denied again at reconsideration, and denied after a hearing before an Administrative Law Judge.
Our SSD attorneys in New York represent clients at every stage of the SSD and SSI process, from the initial filing through federal court appeals. Because we stay involved throughout the New York SSD application process, we understand how early evidence, missed arguments, or procedural errors can follow a claim all the way to federal court. While our goal is always to secure benefits as efficiently as possible, we prepare every case with the understanding that it may ultimately require judicial review.
We file more Social Security disability appeals in federal district court than any other firm in Western New York. This is not a side practice for us. It is a core part of what we do.
When Can You File a Federal Court Appeal?
You may file a federal court appeal after the Social Security Administration issues a final denial. This happens when:
- Your initial application is denied
- Your reconsideration appeal is denied
- Your claim is denied after a hearing before an Administrative Law Judge
- The Appeals Council declines review or affirms the denial
Once the Appeals Council issues its decision, you have 60 days to file a civil action in federal district court. Missing this deadline almost always ends your case, regardless of how strong the evidence may be.
A Social Security disability lawyer experienced in federal court appeals ensures deadlines are met, records are complete, and legal arguments are preserved correctly.
What an SSD Federal Court Review in New York Involves
Federal court appeals are not new hearings, and they are not retrials. A federal judge does not hear testimony or review new medical evidence. Instead, the court examines the existing record to determine whether the Social Security Administration made legal or factual errors.
Common issues raised in federal court include:
- Failure to properly evaluate medical opinions
- Ignoring or mischaracterizing key evidence
- Improper credibility findings
- Errors in assessing residual functional capacity
- Misapplication of Social Security regulations or case law
If the court finds that the SSA decision is not supported by substantial evidence or was reached through legal error, it may order a new hearing or, in some cases, reverse the decision and award benefits.
The federal courts do give a certain amount of deference to the SSA, so it is important to go to court with a lawyer who is completely familiar with the evidence for and against your claim, as well as everything that happened during your application and SSD appeal process. Working with a Social Security disability appeal attorney in New York can significantly improve your chances of success at this stage.
"You need an advocate who will fight for you from start to finish. At Hiller Comerford Injury and Disability Law, we have an army of advocates ready to stand by your side. We don’t take no for an answer, and we’ll go all the way to District Court if that’s what it takes."
Our New York Federal Court Disability Attorneys
Our dedicated Federal Court Department attorneys are skilled at recognizing specific mistakes that Administrative Law Judges make at the hearing level. Those mistakes may make the difference between receiving benefits and being denied.
Filing a lawsuit against the Social Security Administration in Federal District Court provides you with an opportunity to have a Federal Judge determine if your case should be reconsidered because of those mistakes.
✓ The attorneys in our Federal Court Department have decades of combined experience focused on appealing Social Security Disability cases in Federal District Courts throughout the country.
✓ Our team of attorneys is uniquely qualified to handle your Federal Court claim with knowledge and experience that sets us apart.
✓ We have attorneys who previously served as Federal Court clerks writing Social Security Decisions, and attorneys who have presented at national conferences specifically for Social Security representatives.
✓ Our lawyers have won major cases at the District level and at the Second Circuit Court of Appeals.
This depth of experience allows us to approach federal court appeals strategically and efficiently, without learning curves or guesswork. This is the team that could be standing in your corner.
Do I Have To Appear Before a Judge in Federal Court?
Watch this video by dedicated Buffalo disability attorney Elizabeth Haungs, Esq., where she answers whether or not you have to appear before a judge in federal court.
What Are The Usual Outcomes of a Federal Court Appeal?
Clients often ask what outcomes are possible once a Social Security disability case reaches federal court. There are three potential results.
The most common favorable outcome is a remand. This means the federal judge agrees that the Administrative Law Judge made a legal or procedural error and sends the case back to Social Security for a new hearing with instructions to correct those mistakes. A remand gives you another meaningful opportunity to prove your claim.
A less common but stronger outcome is a remand for calculation of benefits. In these cases, the federal court finds the evidence supports disability and orders Social Security to calculate and pay benefits without another hearing. While rare, this result does occur.
The final outcome is that the court affirms the denial. When that happens, we review the decision to determine whether an appeal to the Second Circuit Court of Appeals is appropriate. That court is one level below the U.S. Supreme Court, and although appeals there are less common, every federal decision is carefully evaluated.
Federal court appeals are technical and deadline-driven. If you have questions about your case or next steps, our team is here to guide you through the process.
Frequently Asked Questions
Below, we answer some of the most common questions we hear from disability claimants. If your situation raises concerns that are not addressed here, our team is always available to provide personalized guidance.
Do you submit new evidence in an SSD federal court appeal?
No, and this often surprises people. Federal court is not a chance to “fix” the record by adding new doctor notes or test results. The judge reviews the same file Social Security used and asks a different question: did the agency follow the law and fairly evaluate the evidence it already had?
Our federal court team focuses on where the system broke down. We look for medical opinions that were ignored, evidence that was misread, or legal standards that were applied incorrectly. Those errors, not new paperwork, are what win federal appeals.
Does filing a federal court appeal put my benefits at risk if I already receive them?
No. A federal court appeal does not stop or reduce the benefits you are already receiving. Most federal cases involve people who were denied benefits entirely, not those already being paid.
If your situation is different, such as a continuing disability review or benefit termination, it requires careful handling. In those cases, having an SSD lawyer review the posture of your claim before taking action can prevent unintended consequences.
How long does a federal court SSD appeal usually take?
Federal court is not fast, but it is deliberate. Many cases take several months to a year or more, depending on the court’s schedule and the issues involved.
What matters most is what happens during that time. We use that window to build precise legal arguments and respond strategically to the government’s position. Federal appeals are won on clarity and accuracy, not speed.
Will the federal judge decide if I am disabled?
Not in the way most people expect. The judge does not weigh testimony or decide disability from scratch. Instead, the court decides whether Social Security followed the law and supported its decision with substantial evidence. If the judge finds errors, the case is usually sent back for a new hearing with instructions. That guidance can dramatically change how the claim is evaluated the second time around.
Can Social Security deny my claim again after a remand?
Yes, but not freely. A remand requires the agency to fix the mistakes identified by the court. That may involve reconsidering medical opinions, applying the correct legal standards, or fully addressing limitations that were previously ignored. This is where experienced representation matters. Our attorneys stay involved after remand to make sure the agency follows the court’s direction instead of repeating the same errors under a new decision.
Do I really need a lawyer for a federal court SSD appeal?
Federal court is built for lawyers. The process relies on written legal briefs, citation to regulations and case law, and strict procedural deadlines. There is no opportunity to explain your case in person.
We regularly see people lose viable claims simply because arguments were not preserved correctly or deadlines were missed. Having an SSD lawyer at the federal level is not about convenience. It is about protecting your final chance at benefits.
How do attorney fees work in SSD federal court cases?
You pay nothing upfront. Fees in Social Security cases are governed by federal law and must be approved by the court. If the appeal is successful, fees are typically paid from past-due benefits, not out of pocket. At Hiller Comerford Injury & Disability Law, we review fees carefully with clients so there are no surprises.