Frequently
Asked Questions
(Social Security Disability)
How many clients has Mr. Davis
represented?
Mr. Davis estimates he has represented over
1,000 Social Security disability clients during his career.
The overwhelming majority of these clients were disabled due
to a diagnosis that caused chronic pain and/or chronic
fatigue.
What percentage of the time do Mr. Davis’
clients
win their Social Security disability cases?
Approximately 90% to 95% of the time. In
fact, on the occasions where a client’s claim is denied by an
Administrative Law Judge, it is because the judge improperly
ignored compelling evidence. Historically, this occurs
approximately 5% of the time. After traveling throughout the
United States, Mr. Davis believes most judges base their
decisions primarily on the evidence; unfortunately, there are
a few judges that deny a high percentage of claims.
When a client’s claim is denied by a judge,
Mr. Davis has had tremendous success having the Appeals
Council remand the client’s case for a second hearing due to
errors in the judge’s decision. This is due to the aggressive
manner in which the case is developed prior to the hearing.
Also, the client is usually instructed to file a second claim
while the appeal is pending; most of these second claims are
eventually approved.
Does it matter if Mr. Davis does not know
the
SSA personnel or judges in my city?
Simply put, no. Mr. Davis’ clients win their
cases 90% to 95% of the time regardless of where they live.
Mr. Davis has won disability cases in virtually every major
city in the United States while working with SSA personnel
and/or judges he had never met before.
Mr. Davis believes his clients win their
Social Security disability cases dueo to a time tested
strategy that has proved successful in every region of the
United States. The key to winning your case is how soon you
implement that strategy and not due to who you or your
attorney knows.
When should I contact an attorney about
representation?
Mr. Davis believes you should contact an
attorney even before you file a claim with the Social Security
Administration. The reason for this is simple…planning and
preparation of your disability claim should begin before you
file an application! You need a strategy to win your case from
the very beginning. It is critical you understand how to
manage SSA and the process sooner rather than later.
The prevailing opinion at SSA and among many
legal professionals is that you should not consult or hire an
attorney until after your claim has been denied by SSA two
times and are filing for a hearing before a judge.
Mr. Davis believes this is not the best
advice and could be fatal to your case because SSA does not
represent you. Unfortunately, SSA often looks for ways to deny
rather than to approve a claim. By waiting until you have been
denied twice by SSA to obtain legal advice, you will be
without a strategy and at SSA’s mercy for 6 to 8 months.
During this time, Mr. Davis’ experience is that many claimants
do irreparable harm to their cases.
Why do I increase my odds of winning my
case
if I hire Mr. Davis sooner rather than later?
Because Mr. Davis uses an aggressive approach to developing
evidence early in your case he believe he can provide value from the
day your first file your claim. Mr. Davis will develop a strategy to
develop and obtain evidence in your case beginning with your first
visit. Mr. Davis and his staff will try to win your case even at the
first level of review by SSA. Too many individuals mistakenly assume
there is nothing that can be done to try to win their case before
they appear before a judge.
Mr. Davis' strategy of aggressively developing evidence early in
your case has resulted in easing a client's stress while often
winning their cases without having to appear before a judge. Mr.
Davis' strategy also minimizes mistakes that are often made early in
cases and seriously hurt ability to win your case.
How do I pay Mr. Davis for his
services?
Good news…you do not have to come up with any
money to hire Mr. Davis.
Attorneys’ fees in Social Security disability
cases are regulated by SSA and federal law. Thus, virtually
every disability attorney works on the same fee basis.
In Social Security disability cases, Mr.
Davis usually works on the same fee basis as one of your local
attorneys. The fee agreement is on a contingency fee basis,
meaning you pay Mr. Davis a fee only if your claim is approved
and you are awarded retroactive benefits.
Pursuant to federal law, the attorney’s fee
is 25% of you and your family’s past due disability benefits
or $6,000, whichever is less. For example, if you and your
family have $10,000 in retroactive benefits, the attorney’s
fee is 25% or $2,500.
Will Mr. Davis represent me at my hearing
if one is necessary?
Yes. If it necessary that you attend a
hearing before an Administrative Law Judge, Mr. Davis will
travel to your city to personally represent you. Remember
however, that there are two levels of review at SSA (and
opportunities to win your case) before the hearing stage.
Thus, it is possible you may win your case early in the
process and not have to attend a hearing.
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