FAQ – Appealing the Federal District Court Decision | Hillsborough County Long Term Disability Lawyer

If the Federal District Court denies your case, an appeal can be taken to the United States Circuit Court for the Federal Circuit where the District Court is located. For example, appeals from district courts in Florida, Georgia and Alabama are taken to the 11th circuit Court of Appeals which is located in Atlanta, Georgia.

And appeal is just that – an appeal. You don’t get a trial.

Te Federal Circuit Court looks at the record and the District Court’s decision. It is difficult to prevail on appeal because the ERSIA deck is stacked against you. The standard of review on appeal makes it difficult but not impossible to prevail.

Please remember that appeals are expensive and can take between one to two years.

The lawyers file what are called briefs which is summarized the facts, the law, and why the court was wrong. More often than not, the Appellate Court makes a decision without argument by the attorneys. They make a decision based on the record and the briefs.

Sometimes there is an oral argument. The attorneys will travel to the federal circuit court and have 15 minutes per side to argue their case in front of a panel of judges. You don’t know who’s on the panel until several days before the oral argument. It’s difficult to predict what the court will do without knowing who’s on the panel.

The Court normally renders a decision within 60 days of the oral argument.

That decision can be appealed to the United States Supreme Court if certain requirements are met and, of course, the Court decides to hear your case. Very, very few cases get to the Supreme Court each year involving ERISA cases.

It is better to try to avoid this by making sure you retain an experienced ERSIA disability Attorney, such as Nancy Cavey, to prepare your long term/ERISA claim denial appeal properly.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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