Social Security Disability Federal Court Appeals in Wyoming

A denial from the Social Security Appeals Council doesn't have to be the end of your claim. Wyoming residents can appeal to the United States District Court for the District of Wyoming, which covers the whole state and sits in Cheyenne and Casper. Burgess Disability Law is admitted in the District of Wyoming and handles federal disability appeals for claimants anywhere in the state. In a large, rural state, you don't need to travel to us. These cases are handled in writing, and we work with clients by phone, mail, and email.

Eligibility for a federal appeal

You can appeal once Social Security has issued a final decision, typically after an administrative law judge (ALJ) denies the claim and the Appeals Council denies review. Under 42 U.S.C. § 405(g), Wyoming residents file in the District of Wyoming.

60 days to file

The deadline is generally 60 days from the date you receive the Appeals Council's notice, and receipt is presumed five days after the date on the notice. The Appeals Council may extend the deadline for good cause if you request it. Contact us promptly after a denial.

Steps in the case

Complaint: We file the complaint in the District of Wyoming.

Record: Social Security files the certified administrative record.

Briefing: We brief the legal errors, Social Security responds, and we may reply.

Decision: The court determines whether the ALJ followed the law and whether substantial evidence supports the decision. A win usually means a remand for a new hearing, and sometimes an award of benefits.

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

Tenth Circuit law

Wyoming federal courts apply Tenth Circuit precedent. For example, a court reviewing an ALJ's decision may not fill gaps with reasoning the ALJ didn't provide (Allen v. Barnhart, 357 F.3d 1140 (10th Cir. 2004)). An ALJ must also resolve conflicts between vocational expert testimony and the Dictionary of Occupational Titles (Haddock v. Apfel, 196 F.3d 1084 (10th Cir. 1999)).

Why Burgess Disability Law

Attorney Jim Burgess litigated Social Security cases for the federal government for more than a decade before representing claimants. That perspective shapes how we review records and frame 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. See our Fees page.

For representatives

If you represent Wyoming claimants before the agency, see our For Referring Attorneys page.

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