Social Security Disability Federal Court Appeals in New Mexico

When the Appeals Council denies review of an SSDI or SSI claim, the claimant can ask a federal judge to review the denial. For New Mexico residents, that case is filed in the United States District Court for the District of New Mexico, which covers the entire state and has courthouses in Albuquerque, Santa Fe, and Las Cruces. Burgess Disability Law is admitted to practice in the District of New Mexico and represents claimants statewide.

When you can file

Federal court review is available after Social Security's decision becomes final. In most cases, that means an administrative law judge (ALJ) denied the claim and the Appeals Council declined to review it. Under 42 U.S.C. § 405(g), the appeal is filed in the district where the claimant lives.

Deadline

The complaint must generally be filed within 60 days after you receive the Appeals Council's notice, and Social Security assumes you received it 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 the denial arrives.

What happens in a New Mexico federal appeal

Complaint: We start the case by filing a complaint in the District of New Mexico.

Record: Social Security files the certified administrative record.

Briefs: We identify the legal errors in the ALJ's decision and brief them. Social Security responds, and we may reply.

Ruling: The court decides whether the ALJ applied the correct legal standards and whether substantial evidence supports the decision. A successful appeal usually results in a remand for a new hearing. Occasionally the court directs an award of benefits.

You will not testify. The court decides the case on the record and the written briefs.

Tenth Circuit law

Federal courts in New Mexico follow Tenth Circuit precedent. That precedent includes the rule that an ALJ who finds a claimant can return to past work must make specific findings about the demands of that work (Winfrey v. Chater, 92 F.3d 1017 (10th Cir. 1996)). It also prevents the court from upholding a denial based on reasoning the ALJ never gave (Allen v. Barnhart, 357 F.3d 1140 (10th Cir. 2004)).

Why Burgess Disability Law

Attorney Jim Burgess spent more than a decade representing Social Security in federal court before he began representing claimants. He uses that experience to find the errors most likely to lead to a remand.

Fees

There are 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 New Mexico claimants before Social Security and need a federal court referral partner, see our For Referring Attorneys page.