Social Security Disability Federal Court Appeals in Wisconsin

A denial from the Social Security Appeals Council can be appealed to federal court. Wisconsin has two federal districts, and your appeal goes to the one that covers your county:

Eastern District of Wisconsin (Milwaukee and Green Bay)

Western District of Wisconsin (Madison)

Burgess Disability Law is admitted in both districts and represents claimants anywhere in Wisconsin.

Eligibility for a federal appeal

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

Filing deadline

The deadline is generally 60 days from the date you receive the Appeals Council's notice, and receipt is presumed five days after the notice date. If you need more time, you must ask the Appeals Council, which may extend the deadline for good cause. Contact us right away after a denial.

What happens in a Wisconsin federal appeal

Complaint: We file the complaint in the Eastern or Western District.

Record: Social Security files the certified administrative record.

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

Decision: The judge decides whether the ALJ followed the law and whether substantial evidence supports the decision. A win usually results in a remand for a new hearing, and occasionally an award of benefits.

You won't testify, and there's no trial.

Seventh Circuit law

Federal courts in Wisconsin follow Seventh Circuit precedent. That precedent warns ALJs against equating a claimant's ability to perform daily activities with the ability to hold a full-time job (Bjornson v. Astrue, 671 F.3d 640 (7th Cir. 2012)). It also requires the ALJ to explain how the evidence supports the limitations in the residual functional capacity assessment (Lothridge v. Saul, 984 F.3d 1227 (7th Cir. 2021)).

Why Burgess Disability Law

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

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 Wisconsin claimants before the agency, see our For Referring Attorneys page.