Federal Court Appeals
Representing Disability Benefit Applicants at Every Stage
If you are applying for Social Security disability (SSD) and SSI benefits, you will want an attorney who will try to get you benefits as quickly as possible — but who is also prepared to represent you throughout the process for as long as it takes to make sure you obtain the benefits you deserve.
At Hiller Comerford Injury & Disability Law, PLLC, we are fully prepared to appeal our clients’ cases in federal court if necessary. In fact, we file more SSD appeals in federal district court than any other law firm in Western New York. To set up a free consultation, contact us today.
Experienced at Appealing Cases in Federal Court
If the Social Security Administration (SSA) makes a final decision to deny your SSD or SSI claim — meaning your initial application has been denied and you are unsuccessful at your hearing and before the Appeals Council — you have a right to file a federal court appeal within 60 days.
If your attorney can show that the SSA’s decision is not supported by substantial evidence, the federal court will order SSA to hold a new hearing in your case, or reverse the decision and order the agency to start paying you disability 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 appeal process.
Our Federal Court Department 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. Having an attorney who is focused on fighting for clients at the Federal Court level will help you get the benefits to which you’re entitled.
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, attorneys that have presented at national conferences specifically for Social Security representatives, and we have won major cases at the District level and at the Second Circuit Court of Appeals.
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 at federal court.
Our clients almost always ask, do I have to go before a judge at federal court? And the answer is no. In the vast majority of cases, everything’s going to be done in writing. So what’s going to happen is Social Security is going to give our attorneys a transcript of everything that happened before Social Security, and our disability attorneys go through every single page of that record.
We write a very detailed legal brief pointing out the legal errors that the Social Security judge made, and then we write a detailed brief, generally, up to about 30 pages, that points out every error that we believe the judge made. Social Security gets the opportunity to respond to that, we get to respond to that, and then it goes before a federal court judge. Even if we have to do something, that’s called an oral argument, where we go before the federal court judge to explain what’s going on in the case, that is not something that our clients have to appear for. So that is one of the great things about having a federal court representative and having an attorney represent you at federal court is that we are able to do that all on your behalf.
If you do find yourself in a situation where you’re wondering if you should file a federal court appeal, please call our office. We have incredibly skilled people that are going to be able to help you every step of the way.
What Are The Usual Outcomes at Federal Court?
Watch this video by dedicated Buffalo disability attorney Elizabeth Haungs, Esq. as she explains the usual outcomes at federal court.
A lot of clients ask us, what are the usual outcomes at federal court? There are three main outcomes. The first most common positive outcome is going to be a remand. What a remand means is that the federal court judge agreed that the Social Security judge made an error, and they want to send the case back for a new hearing. So that’s a very positive outcome for our clients.
The next positive outcome is a little rarer, and that’s called remand for the calculation of benefits. What that means is that the federal court looked at the case and they said, not only do you win, but we think you deserve benefits. Now, that happens very rarely, but it is a possible outcome we want to let our clients know. And unfortunately, the last outcome is not being successful in federal court.
If that happens, we do have the opportunity to review the case at a circuit court level. The Circuit court is one step below Supreme Court. It’s a court that we don’t go to a lot, but we 100% review every case at the federal level to determine if that would be appropriate. If you have any questions about the federal court process, it’s a very complicated process, and that’s what we’re here for. So feel free to give our office a call.
Do We Submit New Evidence in SSD Claims to the Federal Court?
Watch this video by dedicated Buffalo disability attorney Elizabeth Haungs, Esq., where she explains submitting new evidence to the federal court.
It’s a very common question to ask if we submit new evidence to federal court. There are very strict rules in federal court about submitting new evidence. So that is something that we would look at as a legal question for the vast majority of cases. We’re not going to be submitted new evidence at federal court because what the federal court is looking at is the record that Social Security looked at, and they’re going to be looking at that record and seeing if the judge made errors. So it’s most common that we are not going to submit new evidence.
It’s very important that you keep us informed. About what’s going on with your health condition so that we can make sure that we’re making the best choices for your case. So feel free always to call us if something new happens with your health conditions.
At Hiller Comerford Injury & Disability Law, PLLC, our attorneys offer skilled guidance through the process. We have successfully helped thousands of clients receive Social Security benefits in a timely manner. Contact us today for a free consultation with an experienced Buffalo social security disability lawyer.
Attorneys Who Won’t Leave You in the Lurch
Many SSD law firms will not appeal cases to the district courts except under very unusual circumstances, and even if they do, their attorneys are not necessarily experienced with the very different procedures and legal standards that apply in federal court.
If your initial claim is handled by a lawyer who is not prepared to go to district court, it could be difficult to get someone to represent you at the appeals stage. It is wise to start off with a law firm that is ready to go all the way. Ask any attorney you are considering hiring whether they are willing to take your case to federal court if necessary, and how many times they have done so.
Contact us to discuss how we can help you pursue your Social Security disability claim. We represent clients in Buffalo, Rochester, and Syracuse, and throughout western, central and upstate New York.
Recent Review
“I am a Marine Corp veteran who turned to the Law Offices of Kenneth Hiller for help and assistance with filing a disability claim. Even though I am a college graduate I still couldn’t fully understand the process. The attorneys who represented me treated me with kindness and patience. They helped me understand the process and the results were very favorable.” – Jason Watson