ALJS Make Mistakes
An unfavorable ALJ decision does not necessarily mean your client does not deserve disability benefits.
Whether your client wins or loses a disability claim can be arbitrary. ALJs only have a few hours to review a claimant’s record, hold a hearing, and prepare a decision. A natural consequence of the time pressures ALJs face is that they often make mistakes at the expense of your clients. Don’t let your clients be victims of erroneous ALJ decisions. Submit unfavorable decisions to the Heber Han PC for federal court review and leave nothing on the table for your clients.
Experience Matters
SSA federal court litigation is a unique area—a complex intersection of SSA administrative law, medical and vocational evidence, jurisdiction-specific case law, and federal procedure. Skilled advocacy by counsel experienced in SSA federal court litigation is critical for not only identifying errors in ALJ decisions under the relevant evidence and case law, but also adeptly negotiating with opposing counsel within the context of a disability case. An attorney experienced in SSA federal court litigation can help your client put their strongest arguments forward to obtain a court order that SSA reevaluate their case—or, in some cases, even ordering SSA to pay benefits.
Our team has extensive experience with federal court Social Security disability appeals, with over two decades inside the disability appeal system. Our attorneys previously worked in the Office of General Counsel for the Social Security Administration, where they handled hundreds of disability cases appealed to federal district courts in Georgia, Alabama, and Florida.
Our partners have also served as Special Assistant United States Attorneys in federal jurisdictions including all of Georgia’s federal district courts, as well as the Eleventh Circuit Court of Appeals. In addition, we have trained ALJs and attorney advisors on how to write legally defensible decisions and met quarterly with high-ranking officials in the Office of Hearings Operations (OHO) to advise them on common problems with ALJ decisions, new SSA regulations, and developments in caselaw.
For their work within the disability benefits system, our lawyers have received over 30 awards during their tenure with SSA, including a Regional Commissioner’s Citation and an OGC Excellence in Service award. Now, we welcome the opportunity to apply our unique experience to assist your firm in appealing your client’s unfavorable ALJ decisions to federal district courts. Your client remains yours in all administrative-level proceedings, and you are entitled to your full administrative fees as set forth in your contract with your client. A successful appeal by Heber Han PC will likely result in an award of benefits on remand at the administrative level—a win for your firm and your client.
Partner With Heber Han PC
Increase your revenue
Cases remanded by a federal court often result in an award of benefits after subsequent review by an ALJ. Therefore, you earn fees in more cases by obtaining federal court remands, and those fees will likely be higher due to an increase in past-due benefits during the federal court proceedings.
No fees paid out-of-pocket
Heber Han PC will take your client’s case on a contingency basis, which means your client pays no fees unless they win. Further, your client will never pay fees out-of-pocket.
Keep your client
Upon remand, our team will promptly return the case for you to handle the new administrative proceedings.
Focus on your specialty
Federal court appeals are time-consuming and often require 40+ hours of attorney time. They also require familiarity with federal court practice and staying up to date on caselaw. By referring cases to the Heber Han PC, you benefit from increased revenue from court remands without interrupting your practice.
Maximize your client’s chances for success
By appealing unfavorable decisions in federal court, you ensure your clients leave nothing on the table. A federal court appeal is the only way to preserve past-due benefits once a claimant exhausts the administrative process. Moreover, the appeal may preserve your client’s entitlement to disability insurance benefits if their date last insured expired.
FAQS
How do I refer a case?
Simply email us a copy of the ALJ’s decision and we will review your client’s case for a possible federal court appeal. We will contact you if we need additional information.
What cases can I refer?
You can submit any final ALJ decision for federal court review. Generally, an unfavorable ALJ decision is final once the Appeals Council denies review.
What cases should I appeal?
You should consider every unfavorable decision for a possible appeal. Our team has reviewed hundreds of ALJs decision and can typically determine if a decision has a good basis for appeal by reviewing the ALJ decision. However, any information you have about the case is helpful. For example, if you know the ALJ did not discuss a medical opinion in the record or misstated the record, please let us know.
Will I have to do anything in court?
No. Our attorneys will handle all aspects of the federal court litigation, including filing the complaint, briefing the case, and presenting any oral argument. Depending on how early you refer the case to us, you may need to ask the Appeals Council for an extension of time to file a complaint. We can provide a sample request if needed.
Will a federal court appeal affect my fees?
No, except to increase them. You will remain entitled to the full amount of fees under your fee agreement with your client. Your fees may increase due to a federal court remand because the past-due benefits will increase.
Will I keep my client?
Yes. Our firm will promptly notify you of a federal court remand so that you can handle the administrative proceedings upon remand. We do not handle cases at the administrative level.
Is there a time limit to appeal?
Yes, generally you must appeal within 60 days of the Appeals Council’s denial of review. You can ask the Appeals Council to extend that period, but you should make the request before the deadline ends.