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ATTORNEYS BUSY REPRESENTING CLAIMANTS IN ADMINISTRATIVE PROCEEDINGS OFTEN DO NOT HAVE TIME TO SLOW DOWN FOR THE LABORIOUS briefing required to successfully litigate a claim in Federal district court.
Non-attorney Advocates aren’t even allowed to file a lawsuit on behalf of another individual.
Sure, after receiving an Unfavorable ALJ decision, you can just advise the claimant to file a new application and start the administrative process all over again. But what about the back pay? Or a client with expired insured status?
Let Elizabeth B. Dunlap review the case for district court appeal….
• We don’t need the entire file to assess the case.
You can send only the ALJ’s decision with all attachments, any Appeals Council brief submitted, and the Appeals Council’s denial of review. CLICK HERE for a pre-addressed Fax Cover Sheet with a checklist of the documents we need.
• If we cannot accept the case for appeal, we will explain why in a memorandum to you.
We will notify you of our decision about the viability of the appeal at least one week before the filing deadline.
• We represent the claimant before the Federal courts.
We will be the claimant’s attorney of record before the Federal court. We file the complaint, serve the Defendant, prepare all pleadings, and make all court appearances as necessary. No signatures, no deadlines, no worries for you.
We are admitted in all the district courts in the State of Texas.
• We represent the claimant only before the Federal courts.
Our contract with the claimant is limited to legal representation in a civil action in Federal court. When we successfully secure a remand for a new administrative hearing, we refer the claimant back to you for representation before SSA. We will provide all the court documents to you and suggestions about preparation for the remand hearing, if needed.
• No attorney fees paid by the claimant until benefits are awarded.
We will petition the Court to award attorney fees under the Equal Access to Justice Act (EAJA). EAJA fees are paid by the government, not by the claimant.
When the claimant ultimately is found “disabled” and awarded benefits, we will petition the Court to award reasonable fees under the Social Security Act, 42 U.S.C. §406(b). §406(b) fees are paid directly by SSA out of the client’s retroactive award, after deduction of EAJA fees previously paid.
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