Federal Court Review: The Final Appeal for Social Security Disability Benefits
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- čas přidán 14. 02. 2023
- For those who have been denied Social Security Disability benefits and have already been before an Administrative Law Judge (ALJ) and had a Review by the Appeals Council, there is one final chance to get your denial overturned. It's Federal Court. A Federal Review is essentially a civil suit against Social Security.
Matthew Shupe is Managing Attorney of our Appellate Advocacy Group at Balin Law. Having fought and won many cases at the federal level, Matt explains what this process is like and who should consider federal litigation.
For more information on the full appeal process for Social Security Disability, check out our blog detailing how, when, and why to appeal when denied disability benefits: balinlaw.com/blog/denied-disa...
I applied in 2017 got denied so i got a attorney they appealed for the ALJ got denied again she was shocked for two reasons my conditions and i received the denied notice on the social security app like with in two weeks so they appealed it Oct 2023 to the appeal council i just been waiting .. i have a psychiatrist doctor that diagnosed me with depression and more i feel like it's getting worse going thru all this
I am waiting for a decision from the San Jose ALJ Corinne McLaughlin on my denial of widow's benefits because I did not meet the 9-month rule. (It has been 8 months since the hearing.) My husband died of COVID-19, and we had been together for over 20 years, but I was denied. I appealed, stating that death from COVID-19 meets the POM definition of "accidental death", is not a natural death, etc. In fact, I went through the POM definition word for word and submitted letters to the judge with backup records. If I don't win this, I will probably need a lawyer, especially at the federal level. I have never had an attorney because I could not find a lawyer who handled non-disability cases. However, since this is unique and possibly a bellwether, dealing with death from COVID-19 as meeting the exceptions to the 9 month rule, I was wondering if you would be interested in the case.
We are so very sorry for your loss. Our attorneys currently have federal court admissions in Ohio, Florida, and to the U.S. Supreme Court. I found this firm though, which happens to be in California, while doing a Google search on COVID and survivor's benefits. While we cannot make any formal recommendations, the website for the Law Offices of Cantrell Green states their attorneys are also NOSSCR members and California Bar, but we recommend doing your own research as well. This is their article, but it makes no reference to COVID being considered an accidental death by Social Security: workercomplaw.com/social-security-survivor-benefits-for-death-from-coronavirus-covid-19/
Been through 4 disabilty cases this time still was unfavorable but there gona appeal it for me usually my past attorneys resigned from the case i didnt talk to my attorney yet just paralegal said shed file it im still sorta confused lol im not a very good talker on spot but i felt like i exhausted everything i even tried to work went to vocational rehab i have heavy side effects to benzos and other stuff just aggervating i shake all time and panic attacks i talked about my thyroid in this last hearing as well cause take 3 diff types thyroid meds plus testosterone shots i told judge i my cannot recover from 8 hours of work everyday and med side effects dont help but my endocrinologist doesnt think its my thyroid rather my phycological problems i see my phycologist friday i hope he will write a letter for me but the last phycologist wouldnt help with disabilty stuff made me mad
We always say, "persistence pays!". Sometimes people have to continue reapplying until they have sufficient medical records built up and/or they reach a milestone age like 50 or 60. The majority of applications and Reconsiderations are denied, so you're most likely to finally get approved when you do the 2nd appeal - a Request for Hearing - which is when you get a hearing with an Administrative Law Judge. If the law firm you hired says that they'll be filing the appeal, then it sounds like they've got you covered. If anything doesn't seem right, or in the rare chance that they don't file the appeal despite saying they would, just head over to BalinLaw.com and go to Contact Us.
Do you handle cases in az for filing an appeal to the Ninth Circuit courts?
Can you help me
Hi Vickie, our attorneys at Balin Law are only admitted to file civil actions within the Federal Courts in Ohio. Under certain circumstances, we can refer to colleagues in another state. We'd recommend first doing a search for SSDI attorneys in Arizona. Look for one that specifically list Federal appeals as one of their services because not all SSDI lawyers do. You can do this search through Google, but Google will likely direct you to one of the online Attorney Directories such as FindLaw.com, justia.com, or Nolo.com. Using those sites directly, you can search by state and by Category (SSDI, Social Security, or some use "Disability").
Usually the attorney who handled the appeals within Social Security will assist with the civil suit because they know your case the best. If they don't do Federal cases, they'll usually refer to a colleague who can assist and will get them up to speed. Because federal appeals are an entirely different type of case, it's hard for an attorney to step in blind, but if you have a solid case, you should be able to find a lawyer in AZ.
In case you didn't already know, a Federal appeal is a civil suit - it requires evidence that the law was broken by denying you benefits. So the lawsuit against the SSA needs to show the exact statute that was broken and in which decision (ex: the ALJ's hearing decision or in the Appeals Council's review). It is rare that the SSA actually breaks the law though, so most denials do not have the legal evidence to back such an accusation. If you didn't have legal representation through the SSA appeals processes, especially at the hearing, then it can be very difficult for an attorney to step in after it's all been said and done and be able to pin-point and prove when, where, and how the SSA broke the law by denying your benefits.
We wish you the best of luck. If after consulting with some Arizona attorneys you decide that it's best to start over with a new application, then we absolutely can assist. And if you're denied through Appeals Council as one of our clients, then we will certainly examine if we can prove the law was broken and, if so, work with a colleague in Arizona to file a suit in federal court.
Do you know of Texas attorney for these types of matters? Any advice please and thank you.
We do! We help clients all across the U.S.
@@BalinLaw WOW, that's great I'm about to look you up on Google and reach out thanks again!
What is the statute of limitations to timely appeal to federal court?
The deadline for an appeal is always 60 days from the notice of denial; civil suits included. The SSA has this information, and other pertinent information, available on ssa.gov. www.ssa.gov/apply/appeal-decision-we-made and www.ssa.gov/appeals/court_process.html
During my SSDI claim my attorney appealed my claim to the federal government, literally sued the SSA commissioner, however I also filed a new claim with an onset date after my last denial. We did this because my attorney said if you win it gets sent back to the lower court that denied you and guess what…..they already determined I did not meet my claim and what will most likely happen is I’ll get a denial applying the new or updated case law. My second was successful at the ALJ. My biggest issue was my age I am under 50, but I have some major problems with some of the biggest that can be seen. IMO use a local attorney that knows the local setup and how the local jurisdiction usually rule (mostly). You can find some good ones just by asking other attorneys, just call the offices and ask 1) do you take SSI or SSDI cases and if they don’t 2) who do you recommend? And that right there is the key. The lawyers all know of each other and what they do mostly, and if that lawyer is good at what they do and they are “that guy” your attorney will definitely know that. Don’t go for the first lawyer, take your time and find the one you trust and like. Look for things like, do they call back? Do they have office staff (that answer the phone)? Do they send email? Do they reach out prior to hearing to go over strategies? Do they have a person that will fill out they paperwork on your behalf, while you’re on the phone or in person? Do they file to get medical records (and cover the cost until your case is resolved *they become invested*)? There are a ton of help out there but you will have to look for the good and right information.
I just have one question, what percent of your total settlement are your lawyers going to collect from you? In my experience with attorneys and lawyers, they really don't care about anyone. They all are opportunist and looking for a quick buck!
@@JohnRodriguez-zn4gf good question but I don’t think it’s what you expect. The lawyer gets 20% or $6,000 what ever is less, so the most was 6k. My back pay was around $30k for myself and each of my sons got about 6k. I want to say the lawyer fees are regulated. I also had to pay for medical records that was around $500 and I agreed to pay that if my cases failed. The advantages to having a lawyer far exceeds the $6k.
So when you sued in federal court it was remanded for a new hearing and you won at your second alj hearing? Is that correct because I’m going through that now and had my second hearing after federal court and waiting for my decision. I’m incredibly anxious
@@dalkhal yes., my second case was approved at the ALJ stage. Very nerve racking if you ask me
@@BrokenMedic second case or second hearing? If so was it with the same judge? Sorry I’m just confused because I saw you applied again while in federal appeal.
4 or5
Can you be hired ?
You had me at most thorough review of file.🤔
How many appeals before you go to court
4
pairamail for dds a decishion on my appeal