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Nashville Tennessee Social Security Disability
Attorney Kevin A. Moore
You Deserve Quality Social Security Disability Representation!
T he Attorneys at the Kevin Moore's Social Security Disability (SSD) Law Firm help the victims of Tennessee's disability injuries receive just compensation for their injuries. We are not just attorneys. We are not just another Nashville Tennessee Social Security Disability law firm. We are highly experienced Nashville Tennessee SSD lawyers - Personal Injury & SSD is what we do. We help disabled clients throughout Tennessee from our offices in Nashville get the Social Security benefits that they deserve. If you have already applied by yourself you were probably denied - Call Kevin; he can help!
Our Firm Wins Challenging Cases
Why you want Kevin Moore to represent you in your SSD Claim: You really do not want to file for Social Security Disability (SSD) without a highly qualified specialist lawyer representing you. You certainly can, and we provide links to assist you, but non-represented claimants have a very high likelihood of being denied benefits by the Nashville Social Security Administration offices.
Our Website explains our law practice and our attorneys' credentials. It also provides specific information about Nashville Tennessee Social Security Disability Law. Every victim's claim is unique and deserves to be evaluated on its own merits. Contact Us for a free consultation before making a decision about who should represent you. You will speak with Kevin Moore directly not a staff member.
Kevin welcomes the challenges of difficult cases involving serious injuries and their complex issues. We know how to fight the Social Security Administration and win. If you have been injured or disabled do not hesitate to call and talk to us. You deserve to know your valuable Legal Rights.
Catastrophic Injuries
URGENT ALERT! If you or a family member has been catastrophically injured and is in the hospital please contact Kevin immediately through our 'Urgent Alert Hotline Number' (813) 956-0573. This telephone line is monitored 24/7.
We Are Here To Serve You, Not Ourselves
Our main marketing tool is taking care of the clients we have. We know that when we do a good job for you that the word will go out and our business will grow. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results will translate into referrals helping our business grow.
How much will it cost me to have Kevin Moore represent me?
Kevin represents his SSD clients on a contingency basis, meaning that if we accept your case, and do not win, you are not required to pay any attorney fees. Kevin's goal, first and foremost, is to act as a tenacious advocate for his clients. He respects each individual's situation and handles every case with sensitivity and responsiveness. He also understand that the process of seeking disability benefits can be intimidating, so Kevin and his entire staff is committed to guiding and assisting clients through every step, no matter how simple or complex, with competence and compassion.
Kevin believes that integrity is a vital part in measuring one's true success and worth. He vigorously represents each claimant to the highest level of the appeals process without compromising the standards of professional conduct to which he is sworn and privileged to uphold.
We Charge No Fee Unless We Win Social Security Disability Benefits For You!
Fees in a Social Security disability case are paid on a contingency basis, and are subject to approval by the Social Security Administration. This means that you, as the client, do not pay any fee to us, unless and until you receive a favorable decision. This is true, regardless of how extensive our efforts on your behalf might be.
If your case is successfully concluded at the initial administrative hearing level or at any stage before that, by law, the fee you pay us will be the lesser of either 25% of the past-due Social Security and/or Supplemental Security Income (SSI) benefits owed to you, and any auxiliary beneficiaries (eligible children and spouse), or $6,000.00, or the applicable maximum set by the Social Security Administration in accordance with the Social Security Act.
If an appeal of all or a part of the administrative hearing decision is filed, and is successful, by law, the fee you pay us will be a maximum of 25% of the past-due benefits owed to you, and any auxiliary beneficiaries, i.e. minor children.
Regardless of whether or not your case is successful, separate and apart from any fee that you might pay us, we will ask that you reimburse us for any expenses we incur that are needed to present your claim. These include copies of requested medical records and the like. Please rest assured that our office does as much as is reasonably possible to keep this figure as low as it can - typically under $300 per case.
Do You Qualify for Social Security Disability Benefits?
If you meet the following criteria, you likely qualify:
- You have worked and paid Social Security taxes for five out of the last ten years prior to the date you became disabled
- You are now disabled from jobs you performed within the last 15 years due to illness or injury
- Your disability, from the date of the occurrence, is expected to last 12 months or longer, or result in death
- You cannot perform either your past work or any other kind of work due to your disability
Time Is Vitally Important
If you are considering filing a Social Security Disability claim, remember that time is an important factor. Your case gets weaker with the passage of time, as details and documents get lost. Also, if you do not file timely appeals documents you case may not be even considered. So contact the premiere Nashville Area SSD Attorney Kevin Moore immediately for a free consultation.
The Social Security Disability Claim Process
Initial Application & Why You May Have Been Denied
It's a fact that many people who are deserving of disability benefits are wrongfully denied, often because they have not filed properly or simply give up and don't appeal. It is important to know that over seventy per cent of the initial disability claims are rejected by the Social Security Administration; many just on the basis of incorrect or incomplete paperwork, or improperly followed procedural formalities. Although the law allows you to represent yourself, we believe that it is advisable to engage the services of a highly qualified Nashville Area Social Security Disability Attorney to look after you and your claim. Kevin can have your initial application prepared for you so that it has the highest expectation of approval on first submission to the SSA.
Medical History and Disability Substantiation
We understand you are not only suffering from pain and physical impairments - you are truly fearful of what the future will bring for you and your family.
We have handled Tennessee social security disability claims over the years have included common conditions like:
- Lumbar and Cervical Spine injuries
- Heart Disease
- Arthritis
- Sjogren's Syndrome
- Fibromyalgia
- Lupus
- Multiple Sclerosis
- Parkinson's Disease
- Diabetes
- Psychological impairments such as: Depression, Anxiety, Bi-Polar (Manic-Depression), Post Traumatic Stress Disorder (PTSD), Schizophrenia, and Personality Disorders.
Medical Referrals For Disability Determinations
Kevin will assist you in reviewing all of your medical history. If Kevin believes that your case will benefit from further documentation or clarification he will provide you with referrals to medical experts in the areas of your injuries and/or disabilities in order to provide the supporting medical authority required for your claim
The Social Security Disability Application Process
The process of obtaining a favorable determination on your claim for Social Security benefits may involve going through several different administrative and, possibly, judicial stages, as outlined below. Despite the fact that this process is uniform for all persons seeking benefits, we believe that we provide a very specialized analysis of our clients' cases, and employ the most creative, yet viable legal theories in order to achieve success.
The length to which an individual may have to go in order to be found "disabled" will vary from one person to the next. It has always been our approach to this process that when you ask us to appeal an unfavorable decision from the Social Security Administration, we will look at the entire decision, even those parts which may have been in your favor. If the decision is wrong, we will take all necessary and reasonable measures to help change it for you, including pursuing your case to federal court.
Step 1. Filing An Application
The first step in seeking benefits is the filing of an application. An application for Disability Insurance Benefits must be filed with the Social Security Administration (SSA). Applications are filed in person by the claimant at a local Social Security Administration office, or via telephone. If the Claimant is represented by an attorney, the attorney will arrange for the filing of an application on behalf of the claimant, as well as prepare all of the necessary forms that accompany the application. Entrusting an attorney to prepare and mail the application prevents the claimant from having to travel to and from the SSA office and eliminates the time that claimants may wait until they are interviewed after arriving at the SSA office.
Step 2. Filing A Request For Reconsideration
If a claimant's application is denied initially, it must be appealed if one wishes to continue their pursuit of getting benefits. Reconsideration is the first step after the application has been denied. A claimant who wishes to appeal a decision denying their claim must file a request for reconsideration with the local Social Security Administration office within 60 days, unless the time to appeal has been extended for good cause. A claim must be evaluated at the reconsideration level before an administrative hearing can be held.
Reconsideration involves another review of all the evidence in the file at the time of the initial decision, together with any additional evidence submitted after the initial decision. Reconsideration includes a review of the initial background information in the file for completeness; updating the information in the record, including the claimant's statement of his or her condition, reports of any medical treatment received since the initial filing, and any work activity subsequent to that time; and obtaining from the claimant information on any conflicts in the record.
While most claimants are of the belief that they will "have to" proceed to the third step of the process, or the administrative hearing, in order to get a favorable decision, proper development of the evidentiary and legal aspects of a case do result in many persons winning their cases at the reconsideration level. As an example of this, Kevin can be helpful in obtaining a narrative report from a claimant's treating physician which speaks directly to those issues which SSA wants addressed. Kevin can be helpful in how the medical development of a case is conducted in terms of what examinations, if any, you may or may not be required to attend with SSA physicians. As is the case with persons who have attorneys represent them at the application level, claimants who are represented at the reconsideration level avoid having to file their appeals in person at their local SSA office - their attorneys will do this for them as part of their representation.
Step 3. Hearing Before Administrative Law Judge
Persons whose claims are denied in whole, or in part at the reconsideration level can request a hearing before an Administrative Law Judge within sixty (60) days of the date noted on the reconsideration denial. The Office of Disability Adjudication and Review (ODAR) assumes that a persons receives the notice denying their claim at the reconsideration level within five (5) days after the date of the notice, unless there is evidence to the contrary. As a result, the claimant actually has 65 days to appeal.
The request for hearing must be in writing and filed with the local Social Security Administration office. Hearing requests are then forwarded to ODAR. After the request for a hearing is received by ODAR, the staff will await the arrival of the file from the local office before any further development is started. ODAR will contact those persons who are represented by attorneys by writing to their counsel. Experienced attorneys will typically start doing further development, i.e. compiling more medical and vocational evidence at this point, so as to assist the administrative law judge in their early evaluation of the case. This enhances the chance that the claimant will receive a favorable decision without having to appear at a hearing.
When a hearing is held, the administrative law judge, usually through a hearing assistant, decides whether the evidence in the file is adequate to resolve the issues or whether factual development of some type is necessary. The judge or assistant then decides what additional evidence is necessary, if any, and whether a vocational expert and/or medical expert(s) should be called to appear at the hearing. The judge or assistant also notes any questions of law or policy which will require research prior to the hearing, and considers what action is needed regarding any confidential information in the file. Attorneys representing a claimant will often be contacted, advised of what the ALJ believes is necessary in the way of new evidence and/or pre-hearing legal analysis of one issue or another.
Once a case is ready for hearing, a scheduling clerk schedules the hearing together with a certain number of other claims to be heard by a particular administrative law judge in a particular area. Hearings are generally scheduled in the order of the dates of the requests for hearings. However, geography and other factors must also be considered. It is customary for attorneys representing claimants to be contacted before hearings are scheduled, so as to ascertain their availability and their clients for a particular date. The minimum time period for notifying claimants of a hearing date is 20 days.
A claimant may request postponement of a scheduled hearing but postponements are granted only for good cause, i.e. a viable explanation. If a claimant fails to appear, a show cause order may be issued - this requires the claimant to explain why they did not attend. If no acceptable explanation is provided, the request for a hearing can be dismissed. A show cause gives a claimant 10 days to submit in writing the reason why the claimant did not appear at the hearing. If no good cause is found, the request for hearing may be dismissed on the basis of abandonment. The time or place of the hearing must be changed if the claimant or his or her representative cannot attend the hearing due to a "serious physical or mental condition, incapacitating injury, or death in the family," or if "severe weather conditions make it impossible to travel to the hearing." Persons who are not represented by attorneys, and who subsequently retain legal representation are generally granted postponements, if such representation was only acquired shortly before the scheduled hearing.
The hearing itself is informal and not typical of conventional civil and criminal trials. A formal written decision is issued that must include a recitation of evidence considered and detailed reasons for the decision, regardless of whether the decision is favorable or unfavorable.
Step 4. The Appeals Council
The next and final administrative level of appeal is to request a review by the Appeals Council. As with all of the other administrative appeals described above, this appeal must be filed within 60 days after receipt of the hearing decision. No case can proceed to the district court for judicial review without first having been reviewed by the Appeals Council.
Step 5. Federal Court
After a claimant has exhausted (used) all of their administrative appeals, i.e. received an unfavorable decision from the Appeals Council, the Social Security Act provides for judicial review in the federal district courts. The civil action must be commenced within 60 days of the date of the decision of the Appeals Council. The claimant is presumed to have received notice of the Appeals Council decision five days after it was mailed, once again, in effect giving the claimant 65 days from the mailing of the notice to file. Social Security Administration regulations also provide for an extension of the filing deadline, where good cause can be shown. An extension is normally requested from the Appeals Council.
The Social Security Administration answers the complaint by filing a transcript of the administrative hearing together with all exhibits included in the record. At this juncture, the claimant (Plaintiff) will prepare a legal brief outlining their position about the case. The Defendant (Commissioner, Social Security Administration) will prepare and file a reply brief. If Plaintiff so chooses, they can then file their own reply brief. The court will then make a decision based on the briefs. In some jurisdictions, oral argument will be held before a decision is made, at which time the respective attorneys will state the reasons why the action of the Social Security Administration should be reversed or upheld. The briefs will contain a comprehensive summary of the medical and vocational evidence, as well as detailed legal arguments which explain the respective parties' positions on the particular legal issues.
The United States district court can affirm or reverse, in whole, or in part, the Agency's decision, or remand the case. A remand means that the case will be sent back to the Social Security Administration for further administrative proceedings. This usually entails a supplemental hearing before an Administrative Law Judge.
If the district court denies either all or part of the appeal, the case can be further pursued to the United States Court of Appeals. Similar to the district court, it can affirm or reverse, in whole, or in part, the Agency's decision, or remand the case.
If the Court of Appeals affirms in its entirety an unfavorable decision, only the rarest of cases are appealed to, and decided by the United States Supreme Court.
The Appeals Process
Appeals of SSD denials can take a long time and you could be without benefit payments for months or years. Besides our legal representation, we can have the all-important specialized medical expertise made available to you to analyze and develop your disability claim. We know that your SSD claim is not just a case - IT IS YOUR FUTURE! If your initial claim was denied Kevin Moore will:
- Complete and submit all documentation for all your appeals
- Compile a detailed record of your medical history and your present health condition
- Gather witnesses and experts and prepare them for the hearings
- Collect expert opinions and make arrangements for medical examinations
- Explore all avenues to strengthen your case, represent you in every hearing and also approach the United States Supreme Court, if your case warrants it
You can depend on our Kevin to support you all the way until you get what you deserve.
Kevin A. Moore, Attorney At Law
Kevin A. Moore is a Nashville Tennessee area based Social Security Disability (SSD) law firm which provides SSD law services statewide. From his main office Nashville, Kevin also serves SSD clients in the adjoining Nashville communities of Brentwood, Hendersonville, Franklin & throughout Davidson County, Tennessee.
Social Security Disability law, as practiced by Kevin A. Moore, addresses all of a client's concerns when aggressively pursuing justice for his clients. This site explains how Kevin's firm handles SSD cases and often explains the complexity of Social Security Disability law in layman's terms.
As a premiere Nashville, Tennessee Social Security Disability lawyer, Kevin Moore not only provides the legal advice and counsel expected of an experienced SSD attorney, his firm also collaborates with other professionals and para-professionals to provide his clients with all of the resources needed to successfully resolve their cases.