Case evaluation
Send the complete exhibit file, Appeals Council decision, and ALJ decision. Justin conducts a merits review to assess federal court viability and responds with whether he can accept the referral.
For attorneys and EDPNA representatives
District court appeals require federal civil procedure, administrative transcript review, complex briefing, and legal arguments that differ from ALJ hearing practice. A referral partnership lets you extend advocacy while preserving the client relationship.
Referral process
When an unfavorable ALJ decision is followed by Appeals Council denial or another unfavorable final action, a potentially meritorious case does not need to end there.
Send the complete exhibit file, Appeals Council decision, and ALJ decision. Justin conducts a merits review to assess federal court viability and responds with whether he can accept the referral.
If accepted, Justin handles the federal proceedings, including complaint drafting, procedural filings, transcript review, briefing, oral argument if required, and case resolution.
Your client receives specialized federal court representation without disrupting the relationship they have with you and your office.
If the federal appeal results in remand, the case can return to you for continued administrative representation through the next agency proceedings.
Fee structure
Justin is typically compensated through Equal Access to Justice Act fees awarded by the federal court. These fees are separate from Section 406(a) administrative past-due benefits and do not reduce your potential administrative fee recovery.
When federal court success is followed by administrative success, Section 406(b) fees may apply. Appropriate fee-sharing arrangements can be discussed for those enhanced recovery situations.
Justin's federal admissions allow him to handle cases across multiple jurisdictions. For courts where he is not currently admitted, pro hac vice admission may be available, so geography does not have to limit the advocacy you can offer.
Why partner
Federal court appeals do not have to mean the end of your involvement in a case or a missed opportunity for your client.
Referral intake
The referral conversation can cover case evaluation procedures, logistics and timelines, fee arrangements and documentation, and specific cases you would like reviewed.