Behind Federal Appeals Process

Let’s dive into a topic we’re frequently asked about: the federal appeal process!

A federal appeal is available to claimants who’ve exhausted their remedies before the Agency. Requesting judicial review is a significant step but one that quite often yields favorable results for the claimant.

If your claim was denied and you’re thinking about taking your case to federal court, you might be wondering, “How long will this take?”

The federal court has procedures and a timetable for litigants to follow. So, let’s break it down with a little math…

If you receive a Notice of Appeals Council Action on January 15, 2025, you have 60 days to file your Complaint, which sets your deadline on March 16, 2025.

After filing, the next step is to wait for the Agency to prepare the Transcript—a certified record of your administrative case. The Agency has 60 days from the date you file your Complaint. So if you filed on March 16, 2025, the Transcript would typically be filed around May 15, 2025.

Once the Transcript is filed, the briefing begins. This involves three key steps: Plaintiff’s Brief, the Commissioner’s Brief, and Plaintiff’s Reply. Preparing these briefs can take time, depending on the district court’s schedule and whether extensions are requested and granted.

When the briefing is complete, the case is submitted to the Court for a ruling.

From start to finish, the entire federal court process can take 12 to 18 months.

While it might feel like a long road, filing in federal court ensures your case remains active and gives you the best chance to pursue the benefits you deserve. Stay patient—every step brings you closer to resolution.

Remember, if you have any questions about the federal appeals process, ask us! This is what we do!

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.