Social Security Disability Federal Court Appeals in Illinois

If the Appeals Council has denied review of your SSDI or SSI claim, you can ask a federal judge to review Social Security's decision. Illinois has three federal districts, and your appeal is filed in the one that covers the county where you live:

Northern District of Illinois (Chicago and Rockford)

Central District of Illinois (Springfield, Peoria, Urbana, and Rock Island)

Southern District of Illinois (East St. Louis and Benton)

Burgess Disability Law is admitted in all three districts and represents claimants throughout Illinois.

Who can appeal

You can go to federal court after Social Security's decision becomes final. That usually means an administrative law judge (ALJ) denied your claim and the Appeals Council denied review. Under 42 U.S.C. § 405(g), the appeal is filed in the federal district where you live.

The deadline

You generally have 60 days from receiving the Appeals Council's notice to file, and receipt is presumed five days after the date on the notice. The Appeals Council can extend the deadline for good cause, but only if you ask. Contact us as soon as you're denied.

How an Illinois federal appeal works

Complaint: We file the complaint in the correct Illinois district.

Record: Social Security files the certified administrative record.

Briefing: We file a brief explaining the ALJ's legal errors. Social Security responds, and we may reply.

Decision: The judge decides whether the ALJ applied the correct law and whether substantial evidence supports the decision. A win usually means a remand for a new hearing. Sometimes the court orders benefits paid.

You won't testify. The case is decided on the written record and the briefs.

Seventh Circuit law

Federal courts in Illinois follow the U.S. Court of Appeals for the Seventh Circuit. Seventh Circuit precedent requires an ALJ to build an "accurate and logical bridge" from the evidence to the conclusion (Clifford v. Apfel, 227 F.3d 863 (7th Cir. 2000)). It also prohibits an ALJ from ignoring an entire line of evidence that points toward disability (Denton v. Astrue, 596 F.3d 419 (7th Cir. 2010)).

Why Burgess Disability Law

Attorney Jim Burgess spent more than a decade defending Social Security in federal court before he began representing claimants. He knows how the agency evaluates these cases and where ALJ decisions break down.

Fees

No upfront attorney fees. Fees are generally paid under the Equal Access to Justice Act or from past-due benefits, subject to court approval. See our Fees page.

For representatives

If you represent Illinois claimants before Social Security and need a federal court referral partner, see our For Referring Attorneys page.