We Are Committed to Partnering on Federal Court Appeals

Burgess Disability Law is fortunate to partner with referral partners nationwide, but we only represent claimants who reside in Colorado and Oklahoma.

In general, we will not review a case until there is a denial of review by the Appeals Council (or an ALJ decision in a previously remanded case). Our referral partners share the ALJ decision, AC denial, ERE, and hearing audio with us. We then review the record to determine if there is a clear legal or factual issue that we believe would be successful on appeal.

If we accept the referral, we handle the litigation from filing the complaint through final judgment. Assuming we obtain a remand, we alert the referring firm. We then file a petition for attorney fees under the EAJA. The referring firm will handle all post-remand proceedings before the agency.

We rely on our referral partners to inform us when a claimant is found disabled after remand and provide us with a copy of the Notice of Award. At that point, we will file a 406(b) petition for fees. However, we will ensure that the firm that represented the claimant before the agency is paid out of the claimant's past-due benefits before we are.