Many people dealing with delays or denials from the Social Security Administration (SSA) feel frustrated, anxious, or even hopeless. It’s natural to wonder whether you can sue Social Security for emotional distress after going through such a stressful process. However, the truth is that lawsuits against the SSA for emotional distress are not legally viable. The agency is protected by federal laws like the Federal Tort Claims Act, which grants the government immunity from most types of lawsuits — including those based on emotional harm.
That said, there are still effective legal options for those struggling with unfair treatment, discrimination, or wrongful benefit denials. At The Williams Firm, we do not handle emotional distress lawsuits against the SSA, but we help clients appeal denied disability claims and pursue the benefits they deserve through legitimate administrative and judicial channels.
What Is Sovereign Immunity in Social Security Cases
The main reason lawsuits for emotional distress are blocked is the principle of Sovereign immunity. This rule prevents lawsuits against the government unless it has clearly agreed to be sued. In practice, the SSA cannot be held liable for many claims, including those based on stress caused by the benefits process.
While some exceptions exist, they are limited and difficult to prove. This protection can feel unfair for applicants struggling to get by, but it remains an integral part of federal law. Understanding this framework helps explain why legal challenges must usually focus on appeals or administrative remedies instead of direct lawsuits.
Legal Precedents: When Emotional Distress Claims Have Succeeded
While some rare cases against federal agencies have succeeded, these are extreme and highly specific situations. For most individuals, the best path forward is not to sue but to work within the SSA’s appeals process or seek experienced legal help to challenge an unfair decision. Our team focuses on guiding clients through these legitimate procedures rather than pursuing emotional distress claims, which are not recognized by law.
Criteria for Suing the SSA for Emotional Distress
Pursuing this type of claim requires meeting rigorous conditions:
- Every available administrative remedy within the SSA must be completed, including appeals.
- The claimant must show extreme conduct that goes beyond routine mistakes or delays.
- Clear proof must connect the SSA’s actions to identifiable emotional harm.
The SSA POMS explains that people may file a civil action in federal district court after the Commissioner has issued a final decision. These actions, however, are intended to review benefits decisions, not to award damages for stress or frustration caused by the process itself. This makes emotional distress lawsuits against the SSA nearly impossible.
Limitations and Restrictions in Filing Emotional Distress Claims
Even if someone experiences severe distress, barriers to filing a claim remain significant. Federal protections, such as the Federal Tort Claims Act, limit lawsuits against discretionary actions by government agencies. Courts also require claimants to prove they exhausted all other remedies before filing.
As a result, most cases do not advance beyond the initial stage. While this can be discouraging, it highlights the importance of focusing on appeals and other legal tools that may bring more immediate results. By concentrating energy on these remedies, individuals are more likely to reach a resolution that supports their financial and personal well-being.
Seeking Legal Assistance for Emotional Distress Claims Against the SSA
These cases can be difficult to manage, and reliable guidance often makes a difference. A lawyer can examine the facts to decide whether your situation might meet the high bar for an emotional distress claim or whether an appeal, a discrimination complaint, or judicial review may be more effective.
A lawyer may also help gather medical records or witness statements that show the impact of the SSA’s actions on your life. Even though an emotional distress lawsuit is rarely an option, there are still effective ways to protect your rights and move forward. Having a dependable advocate beside you can ease the burden and reassure you to keep pursuing your benefits.
Contact Our Nashville Social Security Disability Attorneys Today
Navigating the Social Security Administration can feel exhausting, but you don’t have to go through it alone. At The Williams Firm, we stand by our clients, protect their rights, and work to secure the disability benefits they deserve.
Please note that our firm does not handle emotional distress lawsuits against the SSA. However, if you’re facing a denied or delayed disability claim, our experienced attorneys can help you through the appeals process and fight for the benefits you’ve earned.
Call (615) 985-5635 to speak with a Nashville Social Security Disability attorney who understands what you’re going through and is ready to help.