Scott E. Davis, P.C.
Phone: (702) 732-4410
 

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Frequently Asked Questions

Social Security Disability

Is it true that Mr. Davis has a successful disability practice?

Yes. Social Security disability law is federal law and not state specific. Thus, an attorney can represent clients in all 50 states. Mr. Davis has won cases in every region of the United States and in over 40 states.

Mr. Davis has offices in Las Vegas, Nevada and Phoenix, Tucson, and Flagstaff, Arizona.

Mr. Davis is licensed to practice law in Nevada, Arizona and Colorado and is in good standing with each state's Bar Association, as well as with the Social Security Administration.

How many clients has Mr. Davis represented?

Mr. Davis estimates he has represented over 1,100 Social Security disability clients during his career. The overwhelming majority of these clients were disabled due to a diagnosis that caused chronic pain and/or chronic fatigue.

What percentage of the time do Mr. Davis' clients win their Social Security disability cases?

Approximately 90% to 95% of the time. In fact, on the occasions where a client's claim is denied by an Administrative Law Judge, it is because the judge improperly ignored compelling evidence. Historically, this occurs approximately 5% of the time. After traveling throughout the United States, Mr. Davis believes most judges base their decisions primarily on the evidence; unfortunately, there are a few judges that deny a high percentage of claims because they ignore evidence.

When a client's claim is denied by a judge, Mr. Davis has had tremendous success having the Appeals Council remand the client's case for a second hearing due to errors in the judge's decision. This is due to the aggressive manner in which Mr. Davis develops the case prior to the hearing. Also, the client is usually instructed to file a second claim while the first claim appeal is pending. It is not uncommon for the client's second claim to be approved while the first claim is still pending.

When should I contact Mr. Davis about representation?

Mr. Davis believes you should contact him even before you file a claim with the Social Security Administration. The reason for this is simple…planning and preparation of your disability claim should begin before you file an application! You need a strategy to win your case from the very beginning. It is critical you understand how to manage SSA and the process sooner rather than later.

The prevailing opinion at SSA and among many legal professionals is that you should not consult or hire an attorney until after your claim has been denied by SSA two times and are filing for a hearing before a judge.

Mr. Davis believes this is not the best advice and could be fatal to your case because SSA does not represent you. Unfortunately, SSA often looks for ways to deny rather than to approve a claim. By waiting until you have been denied twice by SSA to obtain legal advice, you will be without a strategy and at SSA's mercy for 6 to 8 months or longer. During this time, Mr. Davis' experience is that many claimants may do irreparable harm to their cases.

Why do I increase my odds of winning my case if I hire Mr. Davis sooner rather than later?

Because Mr. Davis uses an aggressive approach to developing evidence early in your case he believe he can provide value from the day your first file your claim. Mr. Davis will develop a strategy to develop and obtain evidence in your case beginning with your first visit. Mr. Davis and his staff will try to win your case even at the first level of review by SSA. Too many individuals mistakenly assume there is nothing that can be done to try to win their case before they appear before a judge.

Mr. Davis' strategy of aggressively developing evidence early in your case has resulted in easing a client's stress while often winning their cases without having to appear before a judge. Mr. Davis' strategy also minimizes mistakes that are often made early in cases and seriously hurt ability to win your case.

How do I pay Mr. Davis for his services?

Good news…you do not have to come up with any money to hire Mr. Davis.

AAttorneys' fees in Social Security disability cases are regulated by SSA and federal law. Thus, virtually every disability attorney works on the same fee basis.

In Social Security disability cases, Mr. Davis works on a contingency fee which means you never pay a fee unless your claim is approved and you receive benefits.

Pursuant to federal law, the attorney's fee is 25% of you and your family's past due disability benefits or $5,300, whichever is less. For example, if you and your family have $10,000 in retroactive benefits, the attorney's fee is 25% or $2,500.

Will Mr. Davis represent me at my hearing if one is necessary?

Yes, Mr. Davis personally represents all clients at their hearing. Thus, you know who your attorney is throughout the entire time your claim is pending. Mr. Davis has extensive experience in representing clients at hearings as he has appeared before over 200 judges throughout the United States.

But remember, there are two levels of review at SSA (thus, two opportunities to win your case) before the hearing stage. Thus, it is possible you may win your case early in the process and not have to attend a hearing.

The good news is that even if you do need to appear at a hearing, Social Security disability hearings are very informal and non-adversarial. There is no reason to be nervous about attending a hearing, especially with Mr. Davis by your side.
 

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