Even if you lose your case for disability before the Social Security Judge and the Appeals Council you can take your case to the US District Court. I have had success in overturning Social Security's adverse decisions in Federal Court.
1. In a 2002 case I managed to obtain a reversal and remand in federal court when the Social Security Judge ignored the rules regarding fibromyalgia and refused to consider it to be a significant impairment.
2. In a 2005 case new evidence developed after she lost her hearing before the Social Security Judge that claimant's problems were due to Ehlers Danlos Syndrome. When we presented this in federal court the case was remanded for a new hearing which we won.
3. In a 2004 case the Social Security Judge refused to consider the claimant's obesity. The Judge said the claimant should have followed weight loss programs. The Federal Court at our request reversed and said the claimant's obesity had to be considered.
4. In a 2003 case the Social Security Judge refused to consider the testimony of the claimant's cleaning lady and other evidence. The Federal Court reversed saying all the evidence had to be considered. We won the new hearing.
5. There is a $255.00 filing fee for appealing a final denial by Social Security by the Appeal Council to the US District Court . You have 60 days from the receipt of the Appeals Council decision to file this civil action in US District Court. If you have little assets you can ask the US District Court to waive the filing fee.
6. It does take an experienced Social Security attorney to take a case to US District Court and win it. If you have a case that has some strong merit, you may be able to interest such an attorney in filing your case in the US District Court and winning it. Perhaps you have new evidence or the Social Security Judge ignored one of your impairments or ignored some of your evidence as in the cases I have mentioned above. If so, then you may want to consider this type of appeal. For finding a good lawyer please review my article: How to Find the Number One Social Security Disability Lawyer in Virginia
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Jerry Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years. He was given an "AV" rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005 Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.
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