In 2009 Donna Nesselbush and the Social Security Attorneys at Marasco & Nesselbush litigated several cases in the United States District Court, winning “remands”on 10 cases. We appeal cases to the United States District Court only after the Social Security Administration (SSA) denies disability benefits at all lower levels. However, if the attorneys at Marasco & Nesselbush still believe that a client is disabled and has been unjustly denied, we will file a legal appeal in the United States District Court. This is not “sport for the short-winded.” The attorney must prove, through a written Memorandum of Law and possibly Oral Argument, that the Social Security Administration committed “legal error.”
A 40 year old man, who had been represented by a national firm and had lost his case, entered our office. He had undergone two back surgeries, and was suffering significant pain. For legal reasons, we needed to prove that he was disabled prior to the summer of 2007. If we did not prove his disability, he would have been unable to receive the Social Security Disability benefits, and he would have to wait until 2033 to be eligible for Social Security Retirement benefits. Because our client was unable to work, his Social Security disability claim was his only hope for a source of income and access to health insurance.
M&N Partner, Donna Nesselbush and Marasco & Nesselbush Social Security team immediately filed a complaint in the United States District Court, alleging that SSA had violated federal law in denying him the benefits he clearly needed and deserved. After litigation lasting nearly one year, the District Court agreed with Marasco & Nesselbush, ordering SSA to provide our client disability benefits and health insurance all the way back to February 2005!
