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Social Security Disability FAQs

Can I appeal my SSDI denial to federal court?

Quick Answer
Yes. After the SSA Appeals Council denies your case or declines review, you have 60 days to file a civil action in federal district court under 42 U.S.C. §405(g). Federal courts review whether the ALJ’s decision is supported by ‘substantial evidence.’ Remands back to SSA for a new hearing are common outcomes.
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What you need to know

Federal district court is the final level of the SSDI appeals process. If both the ALJ and the Appeals Council ruled against you, you still have one more option: suing the Commissioner of Social Security in federal court under 42 U.S.C. §405(g).

Deadline: You must file your complaint within 60 days of receiving the Appeals Council’s decision (SSA adds 5 days for mail delivery, making the practical deadline 65 days). Missing this deadline usually ends your right to appeal entirely.

Standard of review: Federal courts do not hold a new hearing or re-weigh the evidence from scratch. They ask one question: Is the ALJ’s decision supported by ‘substantial evidence’ in the record and free from legal error? Substantial evidence means more than a scintilla but less than a preponderance — a fairly low bar, but courts do reverse SSA regularly for legal errors.

Common grounds for reversal:

  • ALJ failed to properly evaluate a treating physician’s opinion under SSR 96-2p (pre-2017 claims) or the revised 20 C.F.R. §404.1520c framework.
  • ALJ posed flawed hypothetical questions to the Vocational Expert.
  • ALJ improperly discounted your subjective symptom testimony under SSR 16-3p.
  • Step 3 listing analysis was inadequate.

If you win at federal court, the judge usually remands the case back to SSA for a new ALJ hearing. A full reversal (awarding benefits directly) is rare but possible.

Federal court appeals require specialized knowledge. Our team handles them — and our fee remains capped by federal law.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York workers’ compensation, SSDI, LTD, and personal injury cases for over three decades. He still attends workers’ compensation board hearings himself.

Last reviewed: May 14, 2026
Your Legal Team

The attorneys who work your case

Not a call centre. The lawyer who signs you is the lawyer who shows up.

  • Brian M. Mittman, Esq.

    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Brian
    • Admitted in New York
    • 30+ years in practice
    • Attends Board hearings personally

    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

    Full bio & credentials →

  • Randy Jacobs, Esq.

    Randy Jacobs, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Randy
    • Admitted in New York and New Jersey
    • Pace University School of Law, J.D.
    • Litigates before the Workers' Compensation Board

    Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.

    Full bio & credentials →

  • Benai Lifshitz, Esq.

    Benai Lifshitz, Esq.

    Attorney · Markhoff & Mittman, P.C.

    Call 866-205-2415 Schedule with Benai
    • Admitted in New York, 2008
    • New York Law School, J.D. 2007
    • With The Disability Guys since 2013

    Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.

    Full bio & credentials →

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