Final Appeal – Level 5 – Suing The Social Security Administration In Federal Court
Less than one percent of all claimants choose to pursue their Social Security disability claim to Level 5, which is a lawsuit against the Social Security Administration in Federal Court. These cases are heard and decided by a Federal Judge. They are expensive and very time consuming, and if you haven’t had an attorney representing you up to this point, it is essential to hire one if you choose to pursue your case at Level 5.
Similar to the Appeals Council, the Federal Judge is supposed to review cases primarily for legal errors and issues reserved to the Federal Courts for review. If none, the Federal Court will not hear the claims. However it is not uncommon for the Federal Judge in a Level 5 appeal to review the entire case and in about 33% of the cases reverse the prior decisions from Level 3 and Level 4, and decide in favor of the claimant.
So, while you have about a 33% chance of winning your case at Level 5, again it is expensive (hiring a Federal Court attorney; filing motions; etc.) and could drag on for several years.