Q: Why do I need an attorney for a federal court appeal?
A: Federal court appeals,unlike proceedings before the Social Security Administration, involve legal research and writing briefs to submit to the court. Nonattorney representatives cannot represent you in federal court. You can represent yourself, but the federal court rules and legal issues are complex. We are experienced federal court litigators and are very familiar with the legal arguments that can be made and the federal court procedures that must be followed.
Q: How much are the attorney fees for a federal court appeal?
A: If we take your case to federal court, we do not get paid attorney fees unless we win. We win if the court agrees that the Administrative Law Judge (ALJ) made some mistakes. If the court decides the ALJ erred. The court will either send your case back for another hearing or order SSA to pay you benefits. If we win, the government will pay us some attorney fees under the Equal Access to Justice Act. These fees do not come out of your back benefits. If the court sends your case back to SSA for another hearing, and you win after that hearing, or if the court simply orders SSA to pay you benefits, we may get some additional attorneys fees from your back benefits. In no case will you pay more than 25% of your back benefits for our work on your case.
Q: Do you conduct telephone consultations?
A: Yes if you live outside of Anchorage we can set you up with a free phone consultation. If you live Anchorage, we prefer to meet with you in person, but can do our intake over the phone if necessary.
Q: Can I get disability if I am able to go back to work after I have filed my claim?
A: If you were unable to work for 12 continuous months or more, and meet disability requirements during that time, you can get a "closed period" of disability even if you later improve and can return to work. You might also qualify for an "unsuccessful work attempt" if you work less than six months due to your medical condition. There are also rules allowing "trial work periods" up to nine months. If you do go back to work after you file a claim, do not drop your claim. Contact your attorney right away.
Q: What factors are considered in determining whether an individual is disabled?
A: Many factors are taken into account when determining whether an individual meets disability requirements. There are separate rules for different ages, education levels, past work experience, and for the different levels of physical and mental impairments. All these factors are combined to determine whether an individual qualifies for disability benefits.