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.
|
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.
