Social Security Disability Federal Court Appeals in Indiana
When the Appeals Council denies review of a disability claim, the next step is federal court. Indiana has two federal districts, and your case is filed in the one covering the county where you live:
Northern District of Indiana (Hammond, South Bend, Fort Wayne, and Lafayette)
Southern District of Indiana (Indianapolis, Terre Haute, Evansville, and New Albany)
Burgess Disability Law is admitted in both districts and handles federal disability appeals statewide.
When you can file
Federal court review is available once Social Security's decision is final, typically after an administrative law judge (ALJ) denies the claim and the Appeals Council declines review. Under 42 U.S.C. § 405(g), the appeal is filed in the district where you live.
60 days to file
The complaint must generally be filed within 60 days after you receive the Appeals Council's notice, which Social Security presumes you received five days after its date. The Appeals Council may extend the deadline for good cause if you request it. Reach out promptly after a denial.
Steps in the case
Complaint: We start the case in the Northern or Southern District.
Administrative record: Social Security files the record from your claim.
Briefs: We identify and brief the errors in the ALJ's decision. Social Security responds, and we can reply.
Ruling: The court decides whether the decision follows the law and is supported by substantial evidence. Most successful appeals end in a remand for a new hearing. Some end in an award of benefits.
There's no trial and no testimony. The court decides the case on paper.
Seventh Circuit law
Indiana's federal courts apply Seventh Circuit precedent. Under that precedent, the hypothetical questions an ALJ poses to a vocational expert must account for all of the claimant's limitations, including limits in concentration, persistence, or pace (Varga v. Colvin, 794 F.3d 809 (7th Cir. 2015)). An ALJ must also adequately explain the reasons for discounting medical opinions (Scott v. Astrue, 647 F.3d 734 (7th Cir. 2011)).
Why Burgess Disability Law
Before representing claimants, Jim Burgess spent more than a decade litigating Social Security cases for the federal government. That experience shapes how we review records and choose arguments.
Fees
No upfront attorney fees. Fees are generally paid under the Equal Access to Justice Act or from past-due benefits, with court approval. Details are on our Fees page.
For representatives
Representing Indiana claimants at the hearing level? Visit our For Referring Attorneys page to learn how referrals work.
