Meet Timothy E. Fairbanks (you can just call him "Tim") of Fairbanks Disability. To Tim, you are not just a client with the same problems thousands of other people have. You are a unique individual experiencing real problems who needs expert, reliable help. At Fairbanks Disability, you will never feel ignored, hurried, or pushed aside. Tim believes that everybody, regardless of their economic or social status, deserves respect and the best representation available.
DON'T TAKE ON THE GOVERNMENT BY YOURSELF, LET US FIGHT FOR YOU
Applying for Social Security Disability benefits can be an extremely stressful and time-consuming process. Having a disability does not automatically qualify you for benefits; in fact, most people with legitimate disabilities have their claims denied. When you are unable to work, facing financial difficulties, and dealing with a severe injury or illness, you shouldn’t be denied the benefits you need and deserve. Tim will thoroughly review the facts and medical evidence, and if he accepts your case, will considerably limit your contact with SSA; thus, relieving you of unnecessary stress.
From initial application up to a hearing before an Administrative Law Judge (ALJ), we can begin representation at any point in the process. Once you have received a denial of benefits letter, Tim will begin the appeals process. He will assist you in obtaining your medical records and submitting them to SSA. He will also prepare and develop your case in the manner most likely to lead to an award of disability benefits. If it becomes necessary for you to appear at an administrative (ALJ) hearing, and it most likely will, Tim will thoroughly prepare you for the hearing. In most cases Tim will draft a pre-hearing brief outlining the merits of your case and submit it to the judge before the hearing. He will then attend the hearing with you to present your case and cross-examine any of the government's experts if necessary. Sometimes there will be a vocational expert, a medical expert, or both. With an experienced and competent disability representative, you will not have to worry about what to say or do. Seeking legal assistance for your Social Security Disability case through Fairbanks Disability
significantly increases your chance for an award of benefits.
NOTE: We do not accept all cases. Certain criteria must be met in accordance with SSA's rules and regulations. Call for an evaluation of your case.
WHY HIRE A NON-ATTORNEY DISABILITY REPRESENTATIVE?
As an Accredited Disability Representative (ADR), Tim does not experience the distractions that attorneys deal with every day. Attorneys can practice several different types of law within their practice. This means an attorney might only dabble in federal disability law, yet advertise to be a "Social Security disability attorney" or "specialist". Non-attorney representatives practice only the administrative law in which they are trained to practice, which means their knowledge is much more focused. Tim practices ONLY Social Security disability law. Because it is "administrative" law (non-adversarial, no jury, no government prosecutor), certain higher educated, trained, experienced, and competent non-attorneys who pass SSA's rigerous disability law exam are allowed to practice in Social Security courts. As an appointed representative, Tim DOES NOT work for Social Security, but is allowed access to Social Security's computerized electronic records (ERE). This means that he has desktop access to claimants' SSA case files once the files are transferred to the SSA hearing office. Having access to these records means Tim can give your case his full attention. This eliminates most clerical and technical errors.
Tim is not a member of the California State Bar Association, but was appointed as a non-attorney representative, eligible to practice law in Social Security administrative courts.. Tim has also met all education, training, and experience requirements pursuant to Social Security Access to Professional Representation Act of 2010 (H.R.4532). Tim is a member in good standing of the National Association of Disability Representatives (NADR), and has achieved the advanced designation of Accredited Disability Representative (A.D.R.) Visit NADR's website at www.nadr.org for more information.
WHY NOT HIRE ONE OF THE LARGE LAW FIRMS I SEE ADVERTISED ON TV?
Would you rather be treated like a faceless case file or a real person with real problems? Most of the large law firms you see on TV are "paper mills". A clerk sends you forms to fill out and send back, and then the case is sent to a staff attorney for evaluation. In a large number of cases, the client files are passed back and forth between staff attorneys, and you don't get the chance to develop a personal client/representative relationship. These lawyers and "advocates" are often unresponsive to your needs. Sometimes, they send in a lawyer from another state, who will be scheduled to do multiple hearings the same day as your hearing. With some firms, you won't meet your representative until the day of your hearing. Most large law firms "cherry pick" cases, and only sure, easy winners that won't require much legal work are accepted. The rest are rejected. If this happens to you, call us. We are not afraid to take on difficult cases.
WHY CHOOSE A LOCAL REPRESENTATIVE?
An experienced local representative will be familiar with the administrative law judges and court procedures in their area and will know how the court is most likely to proceed with your case. Most administrative law judges conduct hearings in their own unique way. Out-of-area representatives, such as those that work for the large law firms you see advertised on TV, may not have this knowledge. This can potentially make or break a case.
HIGHLY PERSONALIZED REPRESENTATION
In our small practice, the same representative will handle your case from beginning all the way to the end. We carry an average caseload of about 50 cases. Tim will give you a free consultation (no time limit), prepare all appeals paperwork, file all documents, and robustly represent you at your administrative hearing. Your phone calls and emails will be promptly answered, and he will follow-up on your case. In other words, your representation will be personally tailored to you.
NO PAYMENT UNLESS WE WIN YOUR CASE
We do not collect a fee unless your claim is approved. This is called a "contingency" fee agreement. In very few cases, claims are approved without having an administrative hearing. In those cases, we are still entitled to our fees, which are capped by statute at $6000 or 25% of retroactive benefits, whichever is less. We do not charge for travel, meals, office supplies, postage, phone calls, emails, or any other ancillary costs. If we don't win your case, you pay nothing. Zero. If we win your case, you will get a minimum of 75% of accrued past benefits plus 100% of your monthly payments and Medicare (SSDI) or Medi-Cal (SSI). Social Security will pay us directly, so you won't ever have to give us funds. You will not owe us any money after your claim is paid.
WHAT TO EXPECT?
Statistically, about 87% of all claims for disability benefits are denied at the first step , the initial application. If the Social Security Administration (SSA) denies your initial disability claim, which is likely, we will pursue your claim thru the three-stage administrative review process.
The second step is called Reconsideration. At this step, a different Social Security contractor from the California Department of Disability Determination Services (DDS, or "State Agency") reviews your case. Sometimes it is a doctor, but most of the time it is a "disability examiner". Not surprisingly, at this level, very few cases (about 6%) are awarded benefits. Most cases at this step are "rubber-stamped", and the first decision will stand.
At the third step you are entitled to a hearing before an administrative law judge. Everyone is entitled to their day in court per the U.S. Constitution's 5th and 14th Amendments' "due process" clauses. The majority of claims that are awarded are won at the hearing level. If you are represented at your hearing by a competent representative, your chances of winning increases exponentially.
Disclaimer: We are not attorneys. We do not take any cases on a "pro-bono" basis. We do not represent claimants on overpayment issues, short-term cessation of benefits, Federal Appeals Court level cases, or regular Social Security retirement. We do not practice Workers Compensation or personal injury law.
NOTE: All statistics available from The SSA Commissioner's Annual Report 1012 Fiscal Year at: http://www.ssa.gov/oact/ssir/SSI12/ssi2012.pdf
Timothy E. Fairbanks, ADR, EDPNA
at Fairbanks Disability
2740 Fulton Ave
Sacramento, CA 95821
Phone: (916) 480-1268
Cell: (916) 747-1069
Fax: (916) 481-2230
Or use our contact form.
We can be reached during the following hours:
Monday - Thursday 9:30am-5:00pm
Mobile notary services available on weekends and holidays by appointment.