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February 20, 2019

Will I Get the Chance to Talk to An Actual Attorney When I Call Your Office?

A common complaint I hear from perspective clients is that when they hire a lawyer, they seldom get the chance to speak directly to the lawyer.  The majority of my staff are attorneys who focus on Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) claims.  The attorneys in my practice make the decision to accept potential clients, not the administrative staff.  We believe this initial attorney/client contact is crucial in beginning our case.  The initial contact with an attorney can help you decide if the relationship is a good fit for you, in addition to helping you understand the disability process.  The lawyers in my office strive to explain not only the process, but what can be done to enhance your chances of winning your disability claim.  This initial contact can give you the opportunity to ask questions regarding the appeals process, the importance of your medical providers, and your chances of being successful in your disability claim.  With my office, the attorney client contact does not stop after the initial conversation.  Our attorneys answer questions from current clients on a daily basis. The wait to have your case heard in front of an Administrative Law Judge (ALJ) can be lengthy.  Many things can change during the long wait and chances are, you will have additional questions along the way.  They can range from status updates and updating your medical providers and diagnoses, to questions regarding your ability to go back to work and what ramifications that will have on your claim.  Our office is busy, and I believe you should want it that way.  We are working with medical providers to get your medical records, filing appeals, corresponding with the Social Security Administration (SSA), and preparing cases for upcoming court dates.  Our administrative staff works closely with … Continued

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November 30, 2018

What You Can Do to Help Win Your Social Security Disability Case

We believe that the following simple steps may help enhance your claim:   File your paperwork in a timely manner. The Social Security Administration (SSA) requires you to meet certain deadlines.  You have 60 days (plus 5 days for mailing) to file a Request for Reconsideration after being denied on your initial application.  Failure to file this paperwork in a timely fashion may force you to start the process from the beginning unless you can prove you had good cause for your late filing.  If your Request for Reconsideration is denied, you again have 60 days (plus 5 days for mailing) to file a Request for Hearing.  Again, if you do not meet this deadline within the 60 days allowed, you may find yourself filing an initial application and starting the process from the beginning. Throughout the process, the SSA may ask you to complete a number of forms and reports that all have their own deadlines. Failure to do so can result in a denial.   See the appropriate types of physicians for your conditions and comply with treatment, if possible. Seeing the right kind of specialist specific to your disability can go a long way to prove to the SSA you are disabled.  The Social Security Administration follows specific rules regarding how to consider medical records or opinions, and your General Practitioner’s opinion alone may not provide enough weight to convince the SSA. More consideration is given to statements from a specialist such as statements relating to the severity of your condition, specific objective testing, and medical source statements as to your functional ability to work.  Our office welcomes all medical provider records that support your case. The more records we can get to support your claim, the stronger your claim becomes. We know that your medical insurance … Continued

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January 31, 2017

Social Security Disability and the Durational Requirement

As a Social Security Disability Attorney, I see the Social Security Administration (SSA) turn people down for a variety of reasons. One of the common ways you may be turned down for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) is because the SSA states you do not meet its Durational Requirement.  This is a fairly easy way for them to turn down your claim, but you can appeal this decision and many times find yourself with a favorable outcome in the long run.   What is the “Durational Requirement”? The language the SSA uses requires that you must have an impairment lasting or expected to last at least 12 months.  As you can tell, this can be a pretty subjective standard.  The SSA makes this determination on the current medical records they have on hand.  Unfortunately, your medical record may be incomplete when they make this determination.  You can appeal this decision and if you believe you are unable to work and will continue to be unable to work it is most likely in your best interest to file a Request for Reconsideration or Request for Hearing to move your case along.  You have approximately 60 days to file these appeals and it is very important to do so in a timely manner so you do not have to file another initial application.   It is also important to note your impairment must prevent you from performing Substantial Gainful Activity (SGA) for at least 12 months in a row. What this essentially means is that you cannot receive disability benefits when your wages are over SGA.  This is a monetary amount establishing a cap you cannot go over.  Many of my clients have difficulty grasping this concept when they are holding down a full time job while … Continued

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December 5, 2016

Should I Be Nervous About My Social Security Disability Hearing?

Clients often tell me they are very nervous and anxious about their upcoming Social security Disability Insurance/Supplemental Security Income hearing. It is pretty easy to understand why.  Some people have never been to a hearing and others are so worried about the outcome they cannot even sleep the night before the hearing date.  Hopefully, this blog will shed a little light on what the atmosphere is at a Social Security disability hearing.   These hearings are considered informal. What that means is there are usually not any strict trial rules and the atmosphere is not that of a criminal or civil trial.  Many Administrative Law Judges (ALJ’s) will let you know that at the very beginning of the hearing.  Although I say it is informal, interrupting others may not be in your best interest and waiting your turn to answer questions may be advisable.  Most hearings have a predictable pattern and if you have an attorney or representative they can usually tell you what that pattern is.  I try to prepare my clients for each individual ALJ that will hear their case.  Different Judges think different things are important.  I believe it is helpful to make things easy for your Judge by being prepared and sticking to what they are interested in.  It would be a rare occasion that making a Judge angry would benefit you in any way.  Don’t get me wrong, all of your information needs to be presented, but as I said it should be done in a manner the court will respect and listen to.  In my experience, most hearings last around forty-five minutes to one hour.  Of course this can vary depending on the complexity of the case and each individual Judge.   Being nervous is normal and should be expected when the stakes are … Continued

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