Suing Social Security Administration - Explained

Suing Social Security Administration in Small Claims Court

The United States Social Security Administration (SSA) is an agency that defines its main goal as "an act to provide for the general welfare by establishing a system of Federal old-age benefits." This includes insurance programs like disability, retirement, and survivor benefits. They also administer Social Security to eligible individuals.

While many people are inclined to trust the Social Security Administration since it is an agency of the U.S. federal government, there have been cases where the administration crossed the line to save a dollar here or there. Should this happen to you, you can seek compensation by taking them to small claims court.

may seem like a daunting task, but it will be incredibly rewarding to win your case if they wronged you. No one should have to deal with the consequences of falling victim to a scam brought on by an independent federal agency.

We’ll go over:

  1. The reasons why you can sue the Social Security Administration
  2. How to file a lawsuit by yourself
  3. Why it’s hard taking a lawsuit alone
  4. How DoNotPay makes suing in small claims easier

Reasons to File a Lawsuit Against the Social Security Administration

Many scams make their way into our homes, calling us on the phone or sending spam emails that promise more when you take action now. This is expected nowadays, and most people have become cautious to avoid falling victim to these tricks. However, it's much harder to spot a scam when a supposedly trusted organization like the Social Security Administration is the one contacting you.

Fortunately, it is legal to sue the Social Security Administration for these wrongdoings. Two of the most common scenarios for suing the SSA include:

Receiving a Call to Take Out Social Security Benefits at Age 69Although you may start collecting retirement when you turn 62, you can get much more money if you wait until you're 70. This is because you will actually receive up to 25-30% less in benefits permanently, as opposed to the 8% increase in benefits Social Security adds as a delayed retirement credit. Taking advantage of the majority of elders that aren't aware, the Social Security Administration has been known to make calls to 69 year-olds and convince them to take their SS out early — sometimes in exchange for a small bribe — but without clearly stating the permanent reduction in benefits.
Signing Up a Widower for Retirement and Survivor Benefits Before Age 70There have also been cases where widowers have been contacted or encouraged by the SSA to sign up for their retirement benefits before turning 70, at the same time they sign up for their survivor benefits. In these cases, the SSA also didn't mention that there is absolutely no benefit to signing up for one just because you're signing up for the other. In fact, it does more harm than good for the widower. This is because it prevents the widower from benefiting from an inflated and larger payout that could have been delivered via their retirement had they waited until they turned 70 to receive it.

This is only a small portion of wrongdoings that can occur, so you should always discuss your situation and options with a professional when possible.

File a Lawsuit Against the Social Security Administration by Yourself

Believe it or not, you can sue without an attorney in small claims court. It often consists of simply requesting a form for a small claim from your local clerk's office, completing and filing it for a fee. A court date is set when you file. Undergoing this process alone is only advisable if you've done your research and have relevant expertise and experience to back your claims — especially if you intend to take on the SSA.

However, just because you can sue without an attorney doesn't mean you should. A lot goes into suing the Social Security Administration, including the fact that under federal law, you cannot sue the SSA directly. Instead, you will file the claim against whoever the Social Security commissioner was at the time of your complaint.

Dangers of Filing a Lawsuit by Yourself

Small claims courts are less formal than regular courts and sometimes don't even require an attorney, but that doesn't mean there isn't cause for professional guidance. Without a lawyer, you are subject to losing your lawsuit or being low-balled in the compensation you deserve for the injustice brought upon you.

This is especially true for people taking on an SSA commissioner, who is more than likely backed by a team of experts. The issue with filing a lawsuit yourself is you may not have extensive legal knowledge or expertise that can help support your case.

How to Sue the Social Security Administration With DoNotPay

DoNotPay is the perfect solution for those who have been victims of wrongdoing by the Social Security Administration and plan to sue. Not only does DoNotPay utilize artificial intelligence (AI) to solve your problem, but you can count on the world's first robot lawyer to level the playing field by making legal information more accessible.

Here’s how you can get started:

  1. Log in to and select the “Sue Now” product.
  2. Enter the dollar amount you are owed.
  3. Select whether you want to serve a demand letter or file a claim in court.
  4. Describe the reason for the lawsuit and submit any applicable details, including photo evidence.

That's it! The process is easy, and you are taken care of in a matter of minutes. DoNotPay will generate a demand letter or the court filing forms for you, and even mail a copy of your demand letter to the administration you are suing.

What Else Can DoNotPay Help With?

Check out these other cases where an individual successfully sued the company with the help of our software:

DoNotPay can also:

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