Federal Court

If you have been denied at a hearing, don’t give up! Daniel Berger has achieved a record of success by focusing on representing clients in complex Social Security disability cases in Federal Court, and he can help you too!

We encourage our clients not to be discouraged or give up when a claim for disability benefits is denied. The majority of applications are initially denied, so do not assume that your claim does not have merit. The process to appeal an adverse decision at a hearing before an administrative law judge and then through a review by the Appeals Council may get the favorable result you deserve, but you need not stop there.

Taking an appeal of a disability claim to federal court may sound intimidating, but our disability lawyers have successfully won decisions overturning unfavorable determinations at all other levels of the application and appeal process. We prepare an appeal to federal court by reviewing the decisions made on the claim up to that point and develop a strategy to address issues in the case to give your appeal the best chance of success.

This section of our website offers insight into the strategies that have allowed us to successfully achieve favorable decisions from judges in federal court. Whether the issue is an administrative law judge incorrectly applying the law or demonstrating unfamiliarity with the unique impairments causing our client to be disabled, we devote the time and the effort to build a strong argument supported by the evidence and case law.

It happens on occasion that a person comes to us after other attorneys refused to handle an appeal because they considered it to be too difficult. Our experience and willingness to devote the time needed to thoroughly analyze the facts and issues in a case allow us to take on cases that other attorneys give up on and turn them into successful outcomes. We identify the key issues, research the law and regulations, and prepare a powerful argument in favor of our client’s disability claim to persuade a federal judge to rule in favor of our client.

As you read through this section of our website, keep in mind that every case is different. Outcomes achieved in a prior case may not apply to all cases, but we can promise consistency in the effort we put into every appeal we handle.

Latest Wins in Federal Court

M.R. v. Commissioner of Social Security

We take difficult cases that other firms can't handle. As difficult as this case was (& no other firm wanted to take it on), we worked tirelessly on behalf of our client until we won this case in Federal Court!

Even if you’ve been told otherwise, our attorneys may be able to help.

We took the case of a person who told us she went to several other attorneys – who all refused to take her case (or said they couldn’t help her) because the case was too difficult – before she came…

Having an attorney prepare the right argument is key.

The ALJ found that our client’s allegations were not entirely consistent with the evidence. Specifically, the ALJ noted that she had intact visual fields, normal motor strength and gait, and normal respiratory functioning and range of motion.

M.A. v. Commissioner of Social Security

We never give up - we keep fighting for our clients until their case is won. This particular case went to Federal Court three times until the case was finally won 👍.

Our experience and expertise pay off.

We won a case where we did a lot of research and cited over 40 cases in support of our argument.

Received a Partially favorable decision?

We successfully appeal cases that were not completely denied but instead received partially favorable decisions and make sure our clients receive the full benefits they are entitled to and have been waiting for. We were recently successful.

Our meticulous research makes the difference

No one would watch a TV show or movie about court cases that included lengthy scenes of lawyers sitting in a library or at a computer doing research. Legal research may not be sexy or dramatic, but it wins cases.

Medical lingo can be daunting, even ALJs make mistakes.

We argued a case in Federal Court where we showed the ALJ’s evaluation of the claimant’s condition was flawed. The ALJ’s evaluation of the medical evidence betrays his unfamiliarity with her impairments.

Our Attorneys spot key points in arguments.

The ALJ’s finding is not supported by substantial evidence: SSR 96-08p requires the ALJ to base her RFC assessment on all the relevant evidence, including the effects of treatment, including limitations or restrictions imposed by factors.

We Win Cases Other Firms Give Up On

We recently won a case in federal court in which 3 other firms told our client that they couldn’t take the case. They thought there was no good chance of them winning an appeal to Federal Court. The first firm she hired represented her at a hearing before an administrative law judge. However, after the ALJ issued an unfavorable decision and the attorneys told the claimant that they would no longer represent her because they did not think an appeal would be successful. She then spoke to two other firms which also told her that they did not think the large amount of work needed for an appeal to federal court was warranted for a case with such a small chance at success. We were very happy to represent this client at federal court and even happier when we called to give her the good news that she won. If you want attorneys who welcome the challenge of difficult cases – give us a call!