Because the federal disability retirement system is very complex, having expert legal representation is crucial. Currently, two systems provide federal disability benefits for workers. The basic requirements are different for each system.
A disability attorney cannot collect a fee unless benefits are awarded to you and the court approves the fee. After a favorable decision (approval of benefits) is issued, your attorney will file a fee petition under Section 406 (b) asking that reasonable attorney's fees be paid.
A Response Brief is the SSA's chance to explain why you are wrong and why the ALJ's decision was correct. After you (or your lawyer) may file a Reply Brief, which is one last chance to defend your position and point out weaknesses in the SSA's argument.
If the federal judge affirms the ALJ's and AC's decision, your disability claim will be denied. Although it is possible to appeal to the Federal Circuit Court, the process is more difficult and more expensive. Reverse the ALJ's decision.
You have 60 days from the date of the Appeals Council decision to appeal. This is done by filing a civil complaint with the United States District...
After you have filed the complaint, the court will issue a summons. You must serve the summons and a copy of the complaint on the SSA. The SSA has...
A brief is a legal document that explains a your position in detail to the court. In an SSA appeal, the first brief filed by the claimant (you) is...
Once the Opening Brief is filed, the SSA then has the opportunity to file a Response Brief. A Response Brief is the SSA’s chance to explain why you...
The judge may decide to do any of the following:Remand the case. Sometimes a federal judge will remand, or send back, a claim to the ALJ to be reco...
A disability attorney cannot collect a fee unless benefits are awarded to you and the court approves the fee. After a favorable decision (approval...
If you are unable to work due to a long-term injury or disability you may be eligible for disability benefits or social security disability benefits (SSDI). While you have a legal right to apply for disability benefits on your own (without a lawyer), it might not be in your best interests.
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In most cases, “winning” at the Federal District Court does not mean you get benefits. It means that you get a “remand hearing”. That means that the Federal District Court sends your case back to an ALJ for a new decision. In most cases, it will be sent back to the same judge that denied you in the first place.
That means that no money is due up front and no money is due unless you win. In most cases, the attorney will charge a 25% contingency fee. This applies to your past due benefits and not to the money you would get moving forward.
If you receive an unfavorable decision from the Appeals Council or a denial of Request for Review, you have sixty (60) days to file a Complaint in Federal District Court. Every District has its own procedures. There is no uniform procedure and there is no uniform Complaint.
In most cases, from the time a Complaint is filed until the time briefs are submitted is about six months. Generally, that would be the minimum length of time for a District Court case.
The first step in the Social Security Federal District Court process is the filing of a Complaint. The Complaint must be filed in the District Court in which you live at the time you are filing the Complaint. In other words, you do not file the Complaint in the District Court where you lived at the time of the hearing nor do you file in ...
The Brief is often between 20 and 30 pages of complex legal argument. After you file your Brief, the Social Security Administration will file a Response Brief. This is their opportunity to explain why the Social Security Administration made the decision on your case and why you should not get benefits or a new hearing.
They are very, very busy. Every judge does their best to get to your case quickly, but sometimes, it does take over a year.
Qualifications. You must medically qualify to get federal disability benefits. You must have a mental disease or physical injury that prevents you from performing “useful and efficient service” in your current job. This means you are unable to do a major part of your job.
If you are covered under FERS, you must have worked as a postal employee or a federal civilian employee for at least 18 months. Â To be covered by CSRS, you must have worked as a postal employee or federal civilian employee for at least five years.
If your request for reconsideration is denied, your case must go before the Merit Systems Protection Board. An administrative law judge or judges will review and decide your case. If you are still denied benefits, you may then go to federal court to ask for relief.
However, you may have to provide a diagnosis or medical clinical reports as evidence to the Office of Personnel Management that you have a disability. These reports could show the cause of the disability.
The cause of the disability doesn’t matter, only that it prevents you from doing your job. For example, if workplace stress caused a mental or physical condition, it doesn’t matter. What matters is that the condition the stress caused prevents you from doing your job.
If the Appeals Council upholds the Administrative Law Judge’s (ALJ’s) unfavorable decision, your case may warrant an appeal to Federal Court. You would need to file a civil suit in a federal district court. This is the last level of the appeals process. You have 60 days from the date of the Appeals Council decision to file the civil action.
This level of the process differs from the other levels because it is no longer non-adversarial. When you file a lawsuit in Federal Court, you are suing the Social Security Administration for mishandling your claim and the Social Security Administration has attorneys who defend the Administration’s position.
Once a civil action is filed, you must send Social Security copies of the complaint and the summons issued by the court. These copies must be sent by certified or registered mail to the Social Security Administration’s Office of the General Counsel that handles the area where the complaint is filed.
An experienced personal injury attorney is a critical aspect of pursuing a claim against the person or party that caused your injury. Not only is an attorney familiar with the law, they can also help you navigate legal and practical challenges that frequently arise in any personal injury case.
The Social Security Disability Insurance (SSDI) application process can take years to complete. That is why the Social Security Administration (SSA) created the Compassionate Allowance list (CAL). Before starting the application process, it is important to understand what qualifies as a disability and whether your disability is listed on the CAL.