Mary Ellen Felps - Attorney at Law - Austin, TX - Social Security Disability - Federal Court Appeals


For An Appt. Call:
(512) 478-4973


About MEF
Social Security
Fed. Court Appeals
Q & A
Contact Info


US District Court and Fifth Circuit Court of Appeals

If you were denied benefits by an Administrative Law Judge, and denied again at the Appeals Council, do not give up! Your case can be appealed to federal court.

Filing an Appeal in United States District Court:

Within 60 days after the denial of benefits at the Appeals Council, you may appeal to the United States District Court. The filing fee is $350. There is no filing fee if you can show that you have no income or very little income and no property of any large value other than your home and automobile. The entire process is by written legal argument made by an attorney licensed to practice in federal court. It is really impossible to do this without an experienced attorney's assistance. The lawyer who represents you will review the decision of the Administrative Law Judge for legal errors that the judge may have made. Most factual errors unless extremely incorrect are not considered by the court. Although this is a very challenging task, it is not impossible to get a remand of your case and a second chance to present your claim and obtain your benefits.

Filing an Appeal in the 5th Circuit Court of Appeals:

Even if the district court denies you benefits, you may appeal to the 5th Circuit Court of Appeals. This appeal costs $450 or you are again able to prove you cannot afford the filing fee. This appeal is also done by written arguments presented by your attorney. Although it is actually possible to appeal your case to the United States Supreme Court, this can only be done if there is a question that is constitutional in nature. This rarely occurs.

Reapplying for Benefits:

Although this is a long and difficult process for your lawyer, you really are not required to do anything more in your case but patiently wait for a decision which usually takes a year at the District Court and a second year if you must appeal to the 5th Circuit. In the meantime, reapply. Often a second application with the evidence you already had presented in your first hearing will produce a favorable decision on the second application. With a favorable decision, the court will look more closely at your appeal. With a remand from the court, you will get a second chance to obtain all the benefits that are due to you.

Hiring Mary Ellen Felps:

Mary Ellen Felps is one of the few attorneys who is willing to take a court case that she did not handle until the denial by the Appeals Council. With 30 years of experience, she can quickly recognize the errors in a decision and will be able to tell you if you have a chance in Federal Court. She also will bring her 30 years of experience to work for you in the court case.

<< Back


Next >>

3305 Northland Drive, Suite 403
Austin TX 78731

Tel: (512) 478-4973
Fax: (512) 302-4774

Not certified by the Texas Board of Legal Specialization.

Copyright © 2003-2016 - All Rights Reserved. Legal Disclaimer.