Request for Relief in District Court

When you are considering hiring a Social Security Disability lawyer, there are many questions you should ask before making your decision.  One question is whether the attorney is prepared to file suit in federal court if the case is lost at the administrative level.  Very few disability claims end up in federal court, but it does happen occasionally.  It may be important to know whether or not the person you are considering hiring is able to handle your case in the unlikely event legal action in federal court is required.  If the claimant loses the case before the ALJ, and the Appeals Council denies the Appeal, the claimant can file suit in Federal Court. The plaintiff’s attorney then will normally file a Motion, which should conclude with a short statement of the relief sought. Specifically, the brief should state whether the Plaintiff seeks (1) reversal; (2) remand; or (3) reversal or, in the alternative, remand. In the case of a remand, the Plaintiff should indicate whether the remand is being sought pursuant to sentence four of 42 U.S.C. § 405(g) or sentence six of 42 U.S.C. § 405(g). If the relief sought is a remand pursuant to sentence six, i.e., the Plaintiff is seeking consideration of additional evidence, the Plaintiff must show that the evidence is new and material and that there was good cause for failing to submit the evidence during the administrative proceedings. If the Plaintiff seeks another form of relief not mentioned above, the Plaintiff is instructed to state the relief sought and cite the proper authority supporting such relief.

If you need assistance with your disability claim, feel free to contact our office.

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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