Disability is an event that is usually unexpected and happens more often that most of us are aware. If it happens to you, you may be entitled to disability income protection benefits under the Federal Social Security Act, state sponsored disability plans such as PERA (Public Employees Retirement Account) and employer sponsored or individual disability plans through insurance companies.
Unfortunately, being covered under such programs doesn’t necessarily mean you will get those benefits when you apply and need them the most. In Colorado, 79% of applications for Social Security disability benefits are denied. Of those who appeal, it takes an average of 412 days for an appeal to be processed by the Denver office! Most people find that they can’t navigate the maze without the assistance of an attorney. Gordon Williams has been helping people successfully get their benefits since 1987.
Private disability plans are governed by the Employers Retirement Income Security Act (ERISA). When this law was enacted it was primarily influenced by the insurance company lobbyists. Remember the same insurance company that decides if you are disabled usually is the same company that must pay that disability benefit until you reach retirement age. Insurance companies make a profit when they don’t pay claims. That insurance company, therefore, may not be acting in your best interest!
If the insurance company initially denies your disability claim, it is important that your appeal to the insurance company be done correctly. Don’t wait too long to seek help on your disability claim!
Attorney Fees for Disability Cases
In most disability cases Mr. Williams represents clients based on what is called a contingent fee. This means that if you win your case he is paid a percentage of your past due benefits. If you lose he receives nothing for the time he has spent on the case (there will be certain costs such as costs to obtain medical records from your doctors that you will have to pay, however.) Please call if you want Mr. Williams to review your case. Generally, the initial consultation is free.
Need help in a state other than Colorado?
If you live in a state other than Colorado there are several good resources available to you. If you have a Social Security need in one of the states within the area served by the Federal 10th Circuit court of appeals (Colorado, Kansas, Utah, New Mexico, Oklahoma and Wyoming) Mr. Williams meets regularly with other attorneys from those states. Please call me and I will be glad to provide personal referrals. For other states, or if you would prefer to search online, I recomend http://www.social-security-lawyers.net/ as a good source for attorney referrals. You may also contact the National Organization of Social Security Claimants Representatives ( www.NOSCCR.org. ) at 1-201-457-7775.
Overpayment issues
Often people will have their disability benefits retroactively terminated by Social Security with a resulting overpayment. Quite often this is not the fault of the claimant but rather caused by years of delay by Social Security. Social Security will then demand the money be repaid. If not repaid the government may recover that money from current Social Security benefits, intercept tax refunds and they may even garnishee wages. People faced with these overpayment claims have a right to question the overpayment and to request a waiver of the overpayment if they are without fault. Mr. Williams is one of the few attorneys that has experience in this area. He has also presented training to other attorneys in the 10th circuit area on this subject. Unfortunately, because there are no back benefits, Mr. Williams can only take these cases on an hourly basis. There is a consultation fee with all overpayment cases. If you need help in this very techical area please call to discuss fees and arrange a conference.
Phone: 303-988-2845 e-mail: lawsuite270@jeffcolaw.net