Disability Law Suit

Mar 04, 2011 No Comments by

You can file a disability law suit against Social Security. You have to meet certain requirements to do so:

  • You have to go through the entire administrative process at Social Security before filing your disability law suit — the Initial level, Reconsideration level, Administrative Law Judge hearing level and Appeals Council level. You cannot skip a level.
  • As a practical matter you need a lawyer. The lawyer will want to make sure you have a case since he or she only gets paid if you win.
  • You must file your disability law suit  in your local U.S. District Court.
  • Your attorney must let Social Security know that they have been sued.
  • Unless you are pretty poor, you need to come up with a $350 filing fee.

Once you file the disability law suit against Social Security, you have to wait for the agency to respond. Your attorney then files a paperwriting with the Court explaining what Social Security did wrong. Social Security then files a paperwriting saying that they did not make a mistake. The Judge then decides — without ever seeing you. It is just based upon the cold written records.

The Judge can do one of three things about your disability law suit. He or she can say you win outright and order Social Security to pay your benefits. This happens about 5% of the time. He or she can say you lose and get nothing. This happens about 40-50% of the time. He or she can send your case back to Social Security for a new hearing. This happens a little over half the time.

If the case gets sent back for a new hearing the odds of the claimant winning are maybe two out of three.

If you file a disability law suit, there is one thing that will not happen. You will not be paid damages because of what Social Security has done to you. The most that happens is that you get the benefits you are owed.

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About the author

Charles Hall is the lead attorney for the Charles Hall Law Firm in Raleigh, NC. He has been practicing in the Social Security Disability law field since 1979, is published, and is ready to help new clients win their benefits in North Carolina.
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