Can You Sue the SSA?

In general, you cannot directly sue the SSA for certain administrative issues, like a denial of benefits or delays in processing your claim. The SSA is a government agency, and suing a government agency follows a different process than suing a private entity.

However, there are specific circumstances in which you can take legal action, particularly if you believe that SSA made a mistake or violated your rights during the process of administering your benefits. This could include issues like:

• Incorrect Denial of Benefits: If you believe your SSDI or SSI claim was wrongfully denied, you can appeal the decision, but suing the SSA may be a later option.
• Failure to Follow Legal Procedures: If the SSA doesn't follow the legal processes or violates your rights during the handling of your case, you may have grounds to file a lawsuit.
• Unreasonable Delays: If there are excessive delays in processing your application or appeals without a reasonable explanation, this could be another situation where legal action might be considered.

Administrative Remedies Before Suing the SSA

Before considering a lawsuit, the SSA offers administrative remedies that allow you to address grievances or disputes. These processes must be followed before you can escalate your case to a lawsuit:

• Reconsideration: If your initial claim was denied, you can request reconsideration by the SSA. This is an internal review of your case by someone who was not involved in the initial decision.
• Hearing: If reconsideration is unsuccessful, you can request a hearing before an Administrative Law Judge (ALJ). This is an opportunity to present evidence and testify in person about why you should be entitled to benefits.
• Appeals Council: If you disagree with the ALJ’s decision, you can appeal the case to the Appeals Council. This step allows the SSA to review the decision made by the ALJ.

If these steps fail, you may have the option to take your case to federal court.

When Can You Sue the SSA?

After exhausting all administrative remedies, you may be able to sue the SSA in federal court. This usually happens in the following situations:

• Violation of Rights: If the SSA has violated your rights under the Social Security Act or any other applicable laws.
• Judicial Review of Decisions: You have the right to request a judicial review of your claim if you have exhausted all administrative appeals and still believe the SSA's decision is wrong. A judge will review your case and determine whether the SSA's decision was fair and followed the law.
• Unreasonable Delay: If the SSA has unreasonably delayed processing your claim, you may be able to seek relief through the court system. However, the delay must be substantial and not typical processing time.

How Does the Lawsuit Process Work?

If you decide to take legal action after exhausting administrative remedies, the process typically involves the following steps:

• File a Complaint: You will need to file a formal complaint in federal court. This must include detailed information about the SSA’s alleged error or violation of your rights.
• Judicial Review: The court will review your case based on the evidence presented, the SSA's decisions, and any applicable law. The court can either affirm, reverse, or remand the decision.
• Attorney Representation: It’s highly recommended to have an attorney who specializes in Social Security law to represent you in this process. A lawyer can help navigate the complex legal system and improve your chances of a favorable outcome.

Can You Sue the SSA for Money Damages?

Unlike lawsuits against private companies, you cannot sue the SSA for money damages directly. In cases where a claimant’s benefits are denied or delayed, the goal is typically to reclaim those benefits or correct an error in processing.



However, if you’re suing for an issue like unlawful discrimination, or another violation of your legal rights, the remedies may vary. A court may order the SSA to take action, but money damages are rarely awarded in cases involving the SSA.