Seeking Social Security Disability Compensation?
Carr and Carr Attorneys services individuals in Oklahoma and nationwide who are seeking Social Security Disability benefits. Our experienced and dedicated attorneys know disability law. Our experienced disability lawyers have handled a variety of injury cases in state and federal court.
You do not owe any money to us upfront.
Many clients often wonder how we are compensated in Social Security Disability cases. Our fee is controlled by federal law. The law states our fee is 25% or your back pay or $6,000.00, whichever amount is less. The only exception to this is if we are successful on appeal at the Federal District Court stage. This is more thoroughly described below.
We handle all aspects of the claims and appeals process.
The Social Security disability claims process can be difficult and confusing. There are many applications, questionnaires, and appeals forms to complete that must adhere to a strict timeline. Failure to abide by the timeline means the claimant must start all over at the Initial stage. For someone unfamiliar with the forms, the task of completing them all can be overwhelming.
Knowing when and what appeals to file is critical to keeping your claim alive. At Carr and Carr, while we cannot file your initial application, we can manage your case from initiation to conclusion after you submit your initial application.
Briefly, the Social Security application process can span five stages. Each stage is identified with more detail below:
The Initial Stage
Only 20% of first-time applications are approved at the initial stage. This is the only stage you must complete on your own and we are strictly forbidden from applying on your behalf.
You can apply by telephone (800.772.1213), online (www.ssa.gov/applyfordisability), or in person at your local Social Security Office.
The Reconsideration Stage.
If your case is denied, you have 60 days from the date on the denial stage to file a Request for Reconsideration. This stage may ask you to complete some additional forms depending on the type of your case. For example, adults may be asked to complete an Adult Function Report and Work History Report. Minor Children, on the other hand, may need to have teachers and other medical providers complete forms specific to their case.
The Hearing Stage.
If your case is denied at the Reconsideration stage, the next step is a formal hearing before an Administrative Law Judge. You have 60 days from the date on your denial letter to file a request for a hearing. Hearings vary depending on the type of case presented to the Court.
Usually, a person can expect a Court reporter, their attorney or representative, an Administrative Law Judge (ALJ), and a Vocational Expert. The ALJ will ask some questions to the Claimant’s representative and to the Claimant depending on the case.
The Vocational Expert will testify regarding the Claimant’s work history and answer some hypothetical questions from the ALJ. The ALJ may decide that further medical testing is necessary or may send additional questions to a medical source to learn more about your medical conditions.
After the hearing, the ALJ will prepare a decision that will take one of three forms: Fully Favorable, Partially Favorable, or Denial.
A Fully Favorable Decision means the ALJ found you unable to work as of your Alleged Onset Date. The Alleged Onset Date is the date on which you told Social Security that you were no longer able to work.
A Partially Favorable Decisions means the ALJ found you unable to work, but at a date after your alleged onset date. You still retain the right to appeal the ALJ’s decision if you believe you were disabled before the date found by the ALJ.
A Denial means the ALJ found you were able to work.
The Appeals Council Stage.
If the ALJ issues a partially favorable decision or a denial, you retain your right to appeal your case to the Appeals Council. The Appeals Council is an internal group of ALJs that review cases after hearing where the Claimant disagrees with the ALJ’s decision.
The Appeals Council reviews all the medical records, hearing transcripts, and an appeal submitted by your attorney when arriving at their decision. The Appeals Council can take two actions: Remand or Denial.
A Remand means the Appeals Council either disagrees with the ALJ’s decision entirely, or the Appeals Council believes additional evidence is needed to arrive at an appropriate decision. The nature of the Remand will heavily depend on the circumstances of your case.
A Denial means the Appeals Council agrees with the ALJ’s original decision.
The Federal Hearing Stage.
If the Appeals Council denies your case, you have the right to file a lawsuit in the Federal District Court that has jurisdiction over your case. Your case will then be transferred to a Federal Magistrate Judge who will review a brief submitted on behalf of your attorney as well as a brief submitted on behalf of the Social Security Administration.
After reviewing the briefs and all the accompanying evidence, the Federal Magistrate Judge will issue an Order either approving your appeal or denying it.
If the appeal is granted, the case is transferred back to Social Security for further proceedings consistent with the Judge’s Order. At this point, the statutory cap on fees of $6,000.00 is lifted. Your attorney will receive 25% of your backpay, whatever that amount maybe if you are successful.
If the case is denied, then the case is usually closed at that point. You can appeal on to the 10th Circuit or other Courts of Appeal, but these higher appellate proceedings are very rare in Social Security cases.
Aggressive, Compassionate Representation
Our attorneys understand the issues faced by those denied disability benefits, and our law firm has built a long-standing reputation in Oklahoma for servicing our clients aggressively with compassion and respect. With offices in Oklahoma City and Tulsa, our attorneys are ready to help you when you need help most.
You are not required to hire an attorney to apply for Social Security Disability but having an experienced disability lawyer on your side has numerous advantages and can provide a sense of relief during this difficult time. If you are seeking assistance with your claim please call 844-210-7917 or contact us online.