Frequently asked questions
What services does Burgess Disability Law offer?
We handle federal court appeals of Social Security disability denials. If the Social Security Administration (SSA) has denied your disability claim after a hearing and the Appeals Council has denied your request for review, we step in to challenge that decision in federal district court.
In which states does Burgess Disability Law practice?
We represent claimants in Colorado and Oklahoma.
Do you handle new disability applications or hearings?
No. We focus exclusively on federal district court appeals after all administrative options have been exhausted. If you're looking for help with an initial application or hearing, we can refer you to attorneys who specialize in that stage.
How do I know if I have a case for federal court?
Not every denied claim qualifies for federal court review. If your claim has been denied after a hearing, we can evaluate the decision to determine whether there are strong legal grounds to challenge it in court.
Is there a deadline to file a federal court appeal?
Yes. You must file your complaint in federal district court within 60 days of receiving the Appeals Council’s denial. Missing this deadline usually means losing the right to appeal, so it’s important to act quickly.
What will it cost me?
We don’t charge upfront attorney fees. If we win your case, we may receive a fee under the Equal Access to Justice Act (EAJA) or a portion of your past-due benefits under 42 U.S.C. § 406(b). If we don’t win, you don’t owe us anything for our time.
However, when a case is filed in federal court, the court charges a filing fee, currently $405. Most of our clients qualify to have this fee waived by filing an in forma pauperis (IFP) application, which asks the court to excuse the fee based on financial hardship. If the court denies your IFP request, you will be responsible for paying the filing fee directly to the court.
How long does a federal court appeal take?
Federal court appeals typically take 12 to 18 months to resolve. Timelines vary depending on the court’s docket and whether the case is voluntarily remanded by the agency or proceeds to briefing.
What are the possible outcomes of a federal court appeal?
The court may:
- Affirm the SSA’s decision (you lose the appeal)
- Remand the case back to SSA for a new hearing
- Award benefits directly (rare, but possible)
Most successful appeals result in a remand for further proceedings.
Do I need to attend court or testify?
No. Federal court appeals are based on the existing record. You won’t need to appear in court or testify.