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CAN YOU SUE THE SOCIAL SECURITY ADMINISTRATION?

Can you sue the Social Security Administration?

Yes but only under certain conditions. A lawsuit against Social Security is difficult because of a doctrine known as sovereign immunity.  It protects federal and state bodies from lawsuits that they don't agree to.

In the case of the Social Security Administration, you must exhaust all administrative appeals before you can file a lawsuit.

In a Social Security dispute, here are the available administrative actions:

1.  Reconsideration.  You file an appeal and ask Social Security to reconsider their decision.  You may submit additional evidence.

2.  Administrative Hearing.  You will take your case before an Administrative Law Judge (ALJ) for a hearing. Your lawyer may represent you.

3.  Appeals Council.  The final administrative review is before the appeals council.  This is a group of judges in Falls Church, Virginia that reviews administrative law judge's decisions to decide whether they were proper under the rules and regulations.  

4.  Federal District Court Lawsuit.  The fourth action available is to file a lawsuit against the commissioner of Social Security in a federal district court.  At issue here is usually whether the administrative law judge followed the law in your hearing.  The court may issue several decisions, including:

    a.  dismissal - they do nothing

    b.  uphold the judge's previous decision.

    c.   issue a new, more favorable decision.

    d.   remand the case back to the administrative law judge for a new hearing.

So, suing the Social Security Administration is not as simple as going down to the courthouse and filing a suit.  

_______________

The Forsythe Firm can assist you with all appeals at the administrative level:  reconsideration, hearing, appeals council.  Free consultations. Never a fee unless you win your case and recover past due benefits.  Call (256) 799-0297. 

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