Social Security Disability

We handle SSI and SSDI appeals for clients who have been denied disability benefits by Social Security. This involves filing a notice of appeal, obtaining and reviewing medical records, doing an on the record review letter and a hearing, where necessary.

Helpful Information

A large number of people are turned down for benefits. Social Security in Denver states that they approve more than half of their cases but of course, that means a lot of people are turned down. Many of those people appeal and win. ; As a result, if you have been turned down, you should not take that to mean that you don’t have a case. It is important to set up a consult with an attorney soon after you are denied since you only have sixty days to appeal. Bring the letter and a summary of your medical problems to the attorney so we can evaluate the strength of your appeal.

Commonly Asked Questions

Can I afford an attorney to appeal my case?

Absolutely. Most attorneys work on a contingency fee basis which means that they are paid if they win from a percentage of your back benefits. By law, you pay a fee equal to the lesser of 25 percent of the past-due benefits that are awarded because the appeal was successful, or $5,300.00.

How are costs paid for?
If your attorney needs to pay doctors to copy records and write letters they will get the costs back from your back benefits after the case is over. It needs to be clear whether you will be expected to pay those costs if you lose your appeal.

What happens if I appeal?

Your attorney will file a notice of appeal and do a hearing. It may take up to a year to get a hearing for your appeal because they are backlogged at the office of hearings and appeals. Some attorneys do an on the record review letter in an attempt to get a favorable decision with out a hearing. (Some attorneys view such a letter as either a faster way to get their client benefits or terrific early trial preparation. Other attorneys prefer to wait for hearing. I do the letter and hope for the best.)

Is it worthwhile to appeal?

The benefits you receive if you win are not very high however, the medical benefits are very valuable and some money is better than no money when you are unable to work. ; If you have serious medical issues and can’t work, you should seriously consider appealing. If you are not sure, set up a consult with an attorney.

Do I have to have an attorney to appeal?

You can do it yourself. Issues to look at are: 1) your ability to obtain and organize the medical information 2) Your understanding of what the Court is looking for (the letter of denial is a helpful starting point) 3) Your confidence in arguing your case to the administrative law judge; and 4) Health issues that might affect your success in doing your appeal. ; The positive side of not having counsel is that you don’t have to give them a portion of your back benefits. The negative side is that non-lawyers often lack experience and knowledge that are important to winning an appeal and if they lose their appeal, they have to start over again, hoping the information they obtain will allow them to succeed next time they apply for benefits. Also, they lose their back benefits money.

What if I lose my appeal?

You can appeal to Federal District Court, or reapply for benefits (starting over again) or give up on the project. It’s important to determine why you lost and evaluate the strenght of your evidence.