U.S. Code » Title 42 » Chapter CHAPTER 7— SOCIAL SECURITY › Subchapter SUBCHAPTER III— GRANTS TO STATES FOR UNEMPLOYMENT COMPENSATION ADMINISTRATION

42 U.S.C. § 504

Judicial review

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(a) Finding by Secretary of Labor; petition for review; filing of recordWhenever the Secretary of Labor—(1) finds that a State law does not include any provision specified in section 503(a) of this title, or(2) makes a finding with respect to a State under subsection (b), (c), (d), (e), (h), (i), or (j) of section 503 of this title,such State may, within 60 days after the Governor of the State has been notified of such action, file with the United States court of appeals for the circuit in which such State is located or with the United States Court of Appeals for the District of Columbia, a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary of Labor. The Secretary of Labor thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28.(b) Findings of fact by Secretary of Labor; new or modified findings

The findings of fact by the Secretary of Labor, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary of Labor to take further evidence and the Secretary of Labor may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(c) Affirmance or setting aside of Secretary’s action; review by Supreme Court

The court shall have jurisdiction to affirm the action of the Secretary of Labor or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(d) Stay of Secretary’s action(1) The Secretary of Labor shall not withhold any certification for payment to any State under section 502 of this title until the expiration of 60 days after the Governor of the State has been notified of the action referred to in paragraph (1) or (2) of subsection (a) or until the State has filed a petition for review of such action, whichever is earlier.(2) The commencement of judicial proceedings under this section shall stay the Secretary’s action for a period of 30 days, and the court may thereafter grant interim relief if warranted, including a further stay of the Secretary’s action and including such other relief as may be necessary to preserve status or rights.(Aug. 14, 1935, ch. 531, title III, § 304, as added Pub. L. 91–373, title I, § 131(a), Aug. 10, 1970, 84 Stat. 703; amended Pub. L. 96–249, title I, § 127(b)(2), May 26, 1980, 94 Stat. 367; Pub. L. 96–265, title IV, § 408(b)(2), June 9, 1980, 94 Stat. 469; Pub. L. 96–473, § 6(e)(2), Oct. 19, 1980, 94 Stat. 2265; Pub. L. 98–620, title IV, § 402(39), Nov. 8, 1984, 98 Stat. 3360; Pub. L. 100–485, title I, § 124(b)(2), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–628, title IX, § 904(c)(1)(B), Nov. 7, 1988, 102 Stat. 3261; Pub. L. 103–152, § 4(a)(2), Nov. 24, 1993, 107 Stat. 1517.)Editorial NotesAmendments

1993—Subsec. (a)(2). Pub. L. 103–152 substituted “(i), or (j)” for “or (i)”.

1988—Subsec. (a)(2). Pub. L. 100–628 substituted “(e), (h), or (i)” for “(e), or (h)”.

Pub. L. 100–485 substituted “(e), or (h)” for “or (e)”.

1984—Subsec. (e). Pub. L. 98–620 struck out subsec. (e) which provided that any judicial proceedings under this section were entitled to, and upon request of the Secretary or the State would receive, a preference and be heard and determined as expeditiously as possible.

1980—Subsec. (a)(2). Pub. L. 96–473 inserted reference to subsec. (e) of section 503 of this title.

Pub. L. 96–249 and Pub. L. 96–265 made identical amendments, substituting “subsection (b), (c), or (d)” for “subsection (b) or (c)”.

Statutory Notes and Related SubsidiariesEffective Date of 1993 Amendment

Amendment by Pub. L. 103–152 effective on the date one year after Nov. 24, 1993, see section 4(f)(1) of Pub. L. 103–152, set out as a note under section 503 of this title.

Effective Date of 1988 Amendments

Amendment by Pub. L. 100–628 effective Sept. 30, 1989, with provision for optional early implementation and provision for States whose legislatures have not been in session for at least 30 days between Nov. 7, 1988, and Sept. 30, 1989, see section 3544(d) of this title.

Amendment by Pub. L. 100–485 effective on first day of first calendar quarter beginning one year or more after Oct. 13, 1988, see section 124(c)(1) of Pub. L. 100–485, set out as a note under section 653 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1980 Amendments

Amendment by Pub. L. 96–265 effective July 1, 1980, see section 408(b)(3) of Pub. L. 96–265, set out as a note under section 503 of this title.

Amendment by Pub. L. 96–249 effective Jan. 1, 1983, see section 127(b)(3) of Pub. L. 96–249, set out as a note under section 503 of this title.

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1981–2025 · leading case: Fennell v. Marion Indep. Sch. Dist., 804 F.3d 398 (5th Cir. 2015).
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Fennell v. Marion Indep. Sch. Dist., 804 F.3d 398 (5th Cir. 2015). “Furthermore, this court has previously noted the similarities between Title VI, Title IX, and 42 U.S.C. § 504 when it extended the deliberate indifference standard from Davis to § 504 claims.”
In re Sorrell, 359 B.R. 167 (Bankr. S.D. Ohio 2007). “§ 1321 (Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation).”
Darden v. Wainwright, 513 F. Supp. 947 (M.D. Fla. 1981). “§ 1303 (e)(4), Employee Retirement Income Security Act; 42 U.S.C. § 504 (e), Social Security Act.”
Byrne v. Berryhill, 284 F. Supp. 3d 250 (E.D.N.Y. 2018). “2000) ); 42 U.S.C. § 504 (g). See also Alston v. Sullivan , 904 F.”
Martin v. Blackburn, 521 F. Supp. 685 (E.D. La. 1981). “§ 1303 (e)(4), Employee Retirement Income Security Act; 42 U.S.C. § 504 (e), Social Security Act.”
Romano v. SLS Residential Inc., 298 F.R.D. 103 (S.D.N.Y. 2014). “, and the Rehabilitation Act, 42 U.S.C. § 504 , but both of these claims were dismissed by the District Court in 2007.”
Olive v. Comm'r of Soc. Sec., 534 F. Supp. 2d 756 (N.D. Ohio 2008). “The plaintiff there argued “that the Commissioner [was] required by both the Social Security Act, 42 U.S.C. § 504 (b), and the Administrative Procedure Act, 5 U.”
Langworthy v. United States Postal Serv., No. 1:25-cv-00432 (D.N.M. May 15, 2025). · cites it 3× “Plaintiff asserts claims pursuant to “42 U.S.C. § 504 Rehabilitation Act of 1973,”2 “18 U.”
Picciano v. Clark Cnty., No. 3:20-cv-06106 (W.D. Wash. May 23, 2022). · cites it 2× “” Determination of this issue, however, is for the trier of fact to decide as the Court 8 concludes that which has been alleged is sufficient to state a claim at this stage of the 9 proceedings.”
Langworthy v. United States Postal Serv., No. 1:25-cv-00432 (D.N.M. June 16, 2025). · cites it 2× “2 Plaintiff’s reference to 42 U.S.C. § 504 appears to be typographical error.”
Sturdivant v. Saul, No. 3:18-cv-00301 (W.D.N.C. Nov. 22, 2019). “Sturdivant appeals to this Court pursuant to 42 U.S.C. § 504 (g). III. LEGAL STANDARD The Social Security Act, 42 U.”
Collins v. Saul, No. 1:19-cv-00239 (W.D.N.C. Apr. 27, 2020). “When determining steps four and five, the ALJ relied on testimony by the vocational expert (“VE”).”
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