West Virginia Judge earns top honor in nation

HUNTINGTON, W.Va.—Americans seeking Social Security disability benefits will often appeal to one of 1,500 judges who help administer the program, where the odds of winning are slightly better than even. Unless, that is, they come in front of David B. Daugherty.

In the fiscal year that ended in September, the administrative law judge, who sits in the impoverished intersection of West Virginia, Kentucky and Ohio, decided 1,284 cases and awarded benefits in all but four. For the first six months of fiscal 2011, Mr. Daugherty approved payments in every one of his 729 decisions, according to the Social Security Administration.

The judge has maintained his near-perfect record despite years of complaints from other judges and staff members. They say he awards benefits too generously and takes cases from other judges without their permission.

Staffers in the Huntington office say he hears a disproportionate number of cases filed by one area attorney. Mr. Daugherty has been known to hold hearings for as many as 20 of this lawyer's clients spaced 15 minutes apart.

Mr. Daugherty is a standout in a judicial system that has lost its way, say numerous current and former judges. Judges say their jobs can be arduous, protecting the sometimes divergent interests of the applicant and the taxpayer. Critics blame the Social Security Administration, which oversees the disability program, charging that it is more interested in clearing a giant backlog than ensuring deserving candidates get benefits. Under pressure to meet monthly goals, some judges decide cases without a hearing. Some rely on medical testimony provided by the claimant's attorney.

In 2005, he reached 955 decisions, approving benefits in 90% of the cases. From 2006 through 2008, he decided 3,645 cases, approving benefits roughly 95% of the time. Last year, at 99.7%, he had one of the highest award rates in the country, and is on pace to award even more benefits in 2011, according to agency statistics.

http://online.wsj.com/article/SB10001424052748704681904576319163605918524.html

Cato wrote:Said person is now making their third attempt at social security, this time with the expense of an attorney.

SamCogar wrote:Why would a Lawyer take 30% of $3,000+ to $10,000+ in back pay ..... when he/she can wait 3+ years and take 30% of $30,000+ in back pay?

How much does a Social Security Disability Lawyer make?

Social Security Disability lawyer’s salary will vary based on the number of Social Security Disability cases they handle each year. Some Social Security Disability attorneys can make a substantial amount of money, but what you are most likely interested in is how much money you will have to pay them to accept and win your Social Security Disability case.

It is important to understand that Social Security Disability lawyers work on a contingency fee basis and will not be paid by their clients unless they win the case. Most Social Security Disability lawyers will not take Social Security Disability cases they do not think they have a chance to win.

The Federal government has capped the amount of money that the disability lawyer can win and periodically updates this amount. In 2010 the maximum allowed is 25% of a Social Security Disability claimant’s back pay or a maximum of $6,000 per case. Do all disability claimants have back pay? Most disability claimants will have a certain amount of back pay due to the length of time it takes the Social Security Administration to process Social Security Disability claims.

The fee charged by the Social Security Disability lawyer may not be the only costs for accepting a disability claim. There may be additional “processing fees” which can include any out of pocket expenses the disability attorney incurs. One of the most common expenses is for requesting medical records for the claimant. Almost all medical sources will charge for reprinting a claimant’s medical records. This cost may be incurred by the attorney who will try to recoup it from their disability claimant. Disability lawyers may also charge their clients costs to travel to and from the Social Security Disability Administrative hearing. If you are unsure about what a Social Security Disability lawyer may charge it is important to finalize these details before signing the fee agreement.

Before deciding whether or not to hire a Social Security Disability lawyer you need to consider not only the cost of hiring them, but also what benefit a Social Security Disability attorney may offer. The real question is not cost, but can you win your Social Security Disability claim without hiring an attorney.

The Social Security Disability process can take a long time, and the Social Security Administration will need detailed medical information from you. Most claimants are denied at both the initial application level and the Reconsideration level which means they eventually will have to attend a disability hearing and plead their case to an Administrative Law Judge. Are you ready to plead your claim? Do you understand the Social Security Disability hearing procedures? Have you reviewed your medical records? Are you sure your medical records provide evidence that you are unable to perform substantial gainful activity?

If you have answered ‘no’ to any of these questions, you are not ready to argue your Social Security Disability claim before an Administrative Law Judge. It is time to contact a Social Security Disability lawyer for help.

The Federal government has capped the amount of money that the disability lawyer can win and periodically updates this amount. In 2010 the maximum allowed is 25% of a Social Security Disability claimant’s back pay or a maximum of $6,000 per case.

Contributions to federal candidates and political committees by lawyers have increased during the past 10 years, and collectively, they are consistently larger during presidential election years. Each cycle, the contributions significantly favor Democrats. In the 2008 election cycle, the industry contributed a massive $234 million to federal political candidates and interests , 76 percent of which went to Democratic candidates and committees.

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Aaron wrote:Other then knowing you'd get pissyfaced about it Sam, it was one of the subjects that was discussed in a business law class.