Understanding Federal Administrative Agencies

• What they are: Federal administrative agencies are separate from regular federal courts. They have their own rules, procedures, and judges.   
• What they do: Regular federal courts handle many kinds of civil and criminal cases. Agencies only handle cases about specific government programs or rules. Common examples include:  
• Social Security: Cases go through the Office of Hearings Operations (OHO).
• Immigration: Cases go through the Executive Office for Immigration Review (EOIR).
• Veterans benefits: Cases go through the Department of Veterans Affairs (VA).
• Workplace discrimination: Cases go through the Equal Employment Opportunity Commission (EEOC).

What to Expect at an Administrative Hearing

• No juries: An Administrative Law Judge (ALJ) or another adjudicator decides your case. There is no jury.  
• Less formal setting: Hearings may be in a conference room, or by phone or video. They are usually less formal than a courtroom.  
• Rules still matter: Even if the room feels informal, you must follow the agency’s rules for evidence and procedure. These rules can be strict.

Deadlines and Appeals

• Deadlines are strict: Many people lose their cases by missing a deadline.
• Watch your mail: If your claim is denied (for example, Social Security or VA), you often have only 30 or 60 days to appeal. If you miss the deadline, your case is usually closed for good.
• Use all agency appeals first: If you disagree with an ALJ’s decision, you usually cannot go straight to federal court. You must first appeal inside the agency, such as to the Social Security Appeals Council or the Board of Immigration Appeals. This is called “exhausting your administrative remedies.”
• Going to the federal court of appeals: After you finish all agency appeals, you can ask the United States Court of Appeals for the Third Circuit to review your case. But you must show that you used every agency appeal step before going there.  

Getting Help with Your Case

• You can represent yourself: You have the right to handle your own case. Still, the rules can be complex, so getting help may be a good idea.  
• Non-lawyer helpers may be allowed: In some agencies, like Social Security or the VA, you can hire a trained non-lawyer representative or an accredited advocate to help you. 

This information last reviewed: Mar 26, 2026