May 232013

Jon Mallin successfully represented a client who was previously using another attorney who lost his case in front of an Administrative Law Judge and before the national Appeals Council in Virginia. This unusual case concerned whether the client had sufficient Work Credits (QCs) to qualify for Social Security Disability Insurance benefits.

The client needed 20 Work Credits to satisfy one prong of the eligibility requirements, but records showed he only had 19. After reviewing the case and researching the matter, Jon Mallin determined that the client was entitled to additional Work Credits under a federal Circuit Court ruling even though he filed his taxes many years late. Because he had 1099s that were filed timely, he was able to prove the period in which the income was earned. A few extraordinary events happened after Jon submitted his brief to the national Appeals Council.  (1) The case was reopened at Jon’s request by the Appeals Council and the client was not required to proceed in federal district court. (2) A decision was reached within a few months of Jon submitting his legal brief to the Appeals Council. Normally the Appeals Council takes much longer to analyze a case and rule on it. (3) A Fully Favorable decision was issued from the Appeals Council instead of sending the case back for a new hearing in front of an Administrative Law Judge. This is exceptionally rare and provides the client with quicker access to back benefits that will be paid to him. Disability Scales of Justice