legaldude |
04-05-2011 04:36 PM |
Quote:
Originally Posted by sl1029
(Post 744452)
You may have seen my earlier post about my husband's back pay issues
... I'll tell you that I think it is really strange (and lousy) that SSA is able to determine the amount the lawyer is owed, and make the payment to the lawyer expeditiously and then hold up the payment to the claimant. The lawyers payment is based on a % of the back pay (up to a max $$ amount) so I just don't understand how that is possible.
We opened a constituent case with our Senator....which seemed to get some movement happening...but we won't breathe easy until we have the check in our hand.
RE: posts on my original thread...I would be interested in information specific to SSA as to whether the ALJ decisions can be overturned by anyone other than the Appeals Council if anyone has that...
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First of all, when your atty or NAR is eligible for "direct payment", the SSA withholds 25% of your total backpay amount, and disburses the amount agreed upon when you signed the Fee Agreement with your atty (typically 25%, but as of this post, cannot exceed $6,000). Once that disbursement is made, the remaining withheld funds (in excess of the direct pay) along with the backpay owed to the client, is disbursed to the client in accordance with SSA current operating regulations.
Now, about the appeal. If you or your atty are not satisfied with the Appeals Council decision (i.e.: they failed to remand your case back to the ALJ for reconsideration), you have the right to pursue it to the Federal District Court. However, a favorable decision by USDC can only revert the case back to the Appeals Council, or at best, result in a remanding back to the ALJ hearing. In either case, you will have to prove that the ALJ or Appeals Council failed to correctly identify the evidence presented, or failed to make a correct decision either based on a reasonable preponderance of the evidence or based on a technicality.
What I suggest to my clients once the ALJ denies a claim is to proceed to the Appeals Council, but to START ANOTHER CLAIM. That way, the second claim is going through initial and reconsideration while you are waiting on an Appeals Council hearing.
Remember, for most clients, the goal is NOT a "favorable decision" at the initial or reconsideration stages, as that is statistically improbable, but instead to accelerate the ALJ hearing. One thing you can have your atty do is to request an On the Record Review once the case is on its way to ALJ. What this does is allows the ODAR to review the case and its evidence, without a hearing, and make a decision. A favorable decision is a favorable decision, end of story. A denial of an On the Record Review means NOTHING. It does not even delay the ALJ hearing.
Just a few pointers for ya.*edit*.
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