Can I appeal a case beyond Social Security to the federal courts?
Yes. One can appeal a case beyond of unfavorable Social Security determination. The system goes when you have a hearing from the judge and the judge turns you down, you get to appeal that case to the administrative board in Falls Church, Virginia. If that board turns you down, then your next step is Federal court on an equal access to justice claim case. The EAJ, the fees and the schedules, and the cost for filing a claim on Federal district court can get very complicated. Not a lot of attorneys do these kind of appeals.
Most attorneys who do the appeals only appeal the cases that they take in because they know the case very well. It doesn’t behoove an attorney to get somebody from somewhere else or somebody else’s firm to try and do and appeal in these kind of cases. They’re very complex, very costly. The attorney’s don’t to get paid very much and they do it on a contingency fee as well.