When you get to a point when you need or want an attorney, get one and be sure you get a good one. There is an organization called NOSSCR that can direct you to attorneys in your area who help Claimants obtain benefits. Their toll-free telephone number is (800) 431-2804.
All attorneys who do Social Security Disability law are paid the same in accordance with federal law, namely, 25% of your back benefits only, up to a current maximum attorneys fee of $5,300.00, but only if they win your case. If they are unable to help you get benefits, then you do not have to pay them for their legal services. Social Security is a very complex and complicated business, and when you hire an attorney, you want to be sure that you hire a good one. Before you retain one, ask them how many cases they have handled, what their winning record has been, how long they have been representing Claimants before Social Security and why they would hire themselves if they were looking for an attorney.
But, there is a problem: there is a group of people out there who are not attorneys who, because of an old Social Security Rule, can still represent Claimants just like attorneys can. The Rule was originally passed over half a century ago because there were not enough attorneys to represent all of the people who needed them, something that no longer exists today. The Rule very simply permitted non-attorneys to represent Claimants even though they don’t have law degrees, are not licensed to practice law and have no meaningful way to obtain the knowledge and experience to object to evidence, present legal arguments on legal, medical and factual issues that are associated with such Claims and handle appeals properly and on target. They are called “Representatives.” Stay away from these guys.
Why Claimants hire non-attorneys to represent them in a legal proceeding is because they don't know any better. They have been tricked into thinking either that the "Representative" is an attorney, or because they are told by the "Representative" that they are just as good as an attorney, know things that attorneys do not, or that they do so many cases, they are more qualified than most attorneys are. This is all, of course, misleading and untrue, but there are unfortunately many people who have been sold this bill of goods. The bottom line is simply this: you are going to pay whoever represents you an attorneys fee, so you might as well have the real thing, an attorney, and not some "Representative" attorney-wanna-be.
These “Representatives” are usually hired by “Mills” and to them you are not a real person, but only a number. They routinely do little work on your case, won’t even talk to you when you call them; show up at your hearing 30 seconds before your hearing starts; don’t have much to say or introduce or argue at your hearing; always have a non-lawyer, secretary or assistant talk to you when you do call; immediately drop your case if they lose it; and refuse to represent you further on appeal if you do lose. If you have to file an appeal in Federal District Court, they can't help you because you have to be an attorney to file an appeal there. As non-attorneys, they also don’t understand how to do an Opening Statement, object to evidence, protect your record on appeal, do a Closing Argument or draft and file a post-hearing legal Brief. They are not attorneys, so what do you expect?
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
Thursday, May 1, 2008
Tuesday, April 1, 2008
What You Can Do While You Wait
At every stage of a Social Security Disability claim, a Claimant has to wait for the Administration to do something regarding their claim. It can become very frustrating and depressing during the entire process, so it is helpful to have something to do and to realize that even though no one calls or writes to you - including your attorney, some times - the system is nevertheless working toward resolution of your claim.
Generally, there is a six month period after you initially file a claim for benefits within which Social Security should either grant or deny your claim. If you are denied and have to file an appeal (called a Request for Reconsideration), there is another six month period within which, again, Social Security should either grant or deny your claim. You may be asked for more information or to attend one or more consultative examinations during these periods, but most of the time you just have to wait which is not easy when your finances are being depleted, your family is stressed over what is going to happen and your medical condition continues to get worse or at least not much better. This can be a very difficult time for you, but there are at least three important things you can do while you wait.
#1 Keep getting the medical care you need. This is absolutely the best thing you can do because your claim needs to be documented by medical personnel and if you stop going to your doctor, there will not be the medical record you need when you need it. If your complaints and problems are not written down by your medical care providers, they either never happened or they no longer exist.
#2 If you can find some work, even part time, it is usually a good idea to take a crack at it. If you can't handle it, your inability to keep the job will help to demonstrate your inability to work. On the other hand, if it turns out for you, you can probably make more money working than you will likely ever get from Social Security anyway. And, Social Security views attempts to work in a very favorable light since it tends to remove any concerns their representatives may have about your work ethic and efforts to return to work.
#3 Take some time to read up on your medical problems on the Internet or at the library to learn more about what you can do to feel better, lessen your pain and get a little better night's sleep. And, don't forget to consider alternative medicine possibilities, such as changes in your nutrition and diet, e.g., herbal remedies, Yoga and physical exercise, even limited exercise. Sometimes renewing an old hobby helps to take your mind off of things and volunteering for your local Hospital, Retirement Home, animal shelter or other needy organizations gives you a little different focus on life generally and your own problems specifically.
And one more thing: don't call your Attorney early Monday morning to ask if he or she has heard anything since you last spoke with him or her the preceding Friday afternoon. You will get the same answer every time you call: "No, but when I do, I will let you know." In most cases, you will hear from Social Security the same time your Attorney does because Social Security sends copies of everything almost every time to both you and your Attorney, so if there is nothing in your mail box, there is nothing in your Attorney's, either. In addition, Attorneys generally do not like to get calls like this because it takes time from their day unnecessarily on something that should not be happening.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
Generally, there is a six month period after you initially file a claim for benefits within which Social Security should either grant or deny your claim. If you are denied and have to file an appeal (called a Request for Reconsideration), there is another six month period within which, again, Social Security should either grant or deny your claim. You may be asked for more information or to attend one or more consultative examinations during these periods, but most of the time you just have to wait which is not easy when your finances are being depleted, your family is stressed over what is going to happen and your medical condition continues to get worse or at least not much better. This can be a very difficult time for you, but there are at least three important things you can do while you wait.
#1 Keep getting the medical care you need. This is absolutely the best thing you can do because your claim needs to be documented by medical personnel and if you stop going to your doctor, there will not be the medical record you need when you need it. If your complaints and problems are not written down by your medical care providers, they either never happened or they no longer exist.
#2 If you can find some work, even part time, it is usually a good idea to take a crack at it. If you can't handle it, your inability to keep the job will help to demonstrate your inability to work. On the other hand, if it turns out for you, you can probably make more money working than you will likely ever get from Social Security anyway. And, Social Security views attempts to work in a very favorable light since it tends to remove any concerns their representatives may have about your work ethic and efforts to return to work.
#3 Take some time to read up on your medical problems on the Internet or at the library to learn more about what you can do to feel better, lessen your pain and get a little better night's sleep. And, don't forget to consider alternative medicine possibilities, such as changes in your nutrition and diet, e.g., herbal remedies, Yoga and physical exercise, even limited exercise. Sometimes renewing an old hobby helps to take your mind off of things and volunteering for your local Hospital, Retirement Home, animal shelter or other needy organizations gives you a little different focus on life generally and your own problems specifically.
And one more thing: don't call your Attorney early Monday morning to ask if he or she has heard anything since you last spoke with him or her the preceding Friday afternoon. You will get the same answer every time you call: "No, but when I do, I will let you know." In most cases, you will hear from Social Security the same time your Attorney does because Social Security sends copies of everything almost every time to both you and your Attorney, so if there is nothing in your mail box, there is nothing in your Attorney's, either. In addition, Attorneys generally do not like to get calls like this because it takes time from their day unnecessarily on something that should not be happening.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
Saturday, March 1, 2008
Documenting Your Medical Problems, Treatment and Limitations
When you apply for Social Security Disability Benefits, you have to be able to assist the Social Security representatives in getting records of your medical care, and naturally, it would be best if the medical records that they get are ones which clearly identify your medical problems, physical and mental limitations and help to support your inability to work. In order to make that possible, there are three things you can do to insure that your medical care is correctly and fully documented in your medical records:
#1 Set up a regular schedule for appointments with your doctor. Whether you see him or her once a week, once a month, every three months is not as important so much as your continuing to treat with him or her on a regular basis. More often is preferred, of course, but regular appointments is paramount. The more often you contact your doctor for help, the better, but you don’t want to become a nuisance. Only go or call when you need help. And, make sure that he or she is recording all of your complaints during your appointment. If they do not record them, as far as Social Security is concerned, you never complained about them.
#2 Shortly before your doctor’s appointment, type up a good list of everything that is wrong with you, putting the most important problems first. The more description you put on your list, the better your doctor will understand what is going on with you medically, and that will make it easier for him or her to treat all of your problems. It will do one more thing, as well: it will make it easier for your doctor to dictate in his office and progress notes everything that you have listed for him that is bothering you. That will help to make your medical records more helpful in your effort to obtain Social Security Disability benefits. Remember, if it is not written down somewhere in your medical chart, it will be very difficult for you to claim that you had a medical problem, complained about it to your doctor, and that you were treated for it.
#3 If you are not able to make an appointment, tell your doctor’s office in detail exactly what problems you are having that day which made it impossible for you to make it to your appointment. If you are too tired to make it in, if you have have a flare-up of depression or pain, be sure to tell your doctor's office personnel so they can put it in your medical chart. A missed appointment without any explanation of why you missed it is not nearly as valuable as an explanation of what problems prevented you from making it in. It is also courteous and considerate to let your doctor know if you cannot make it in, and it will also provide more information about your medical condition.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
#1 Set up a regular schedule for appointments with your doctor. Whether you see him or her once a week, once a month, every three months is not as important so much as your continuing to treat with him or her on a regular basis. More often is preferred, of course, but regular appointments is paramount. The more often you contact your doctor for help, the better, but you don’t want to become a nuisance. Only go or call when you need help. And, make sure that he or she is recording all of your complaints during your appointment. If they do not record them, as far as Social Security is concerned, you never complained about them.
#2 Shortly before your doctor’s appointment, type up a good list of everything that is wrong with you, putting the most important problems first. The more description you put on your list, the better your doctor will understand what is going on with you medically, and that will make it easier for him or her to treat all of your problems. It will do one more thing, as well: it will make it easier for your doctor to dictate in his office and progress notes everything that you have listed for him that is bothering you. That will help to make your medical records more helpful in your effort to obtain Social Security Disability benefits. Remember, if it is not written down somewhere in your medical chart, it will be very difficult for you to claim that you had a medical problem, complained about it to your doctor, and that you were treated for it.
#3 If you are not able to make an appointment, tell your doctor’s office in detail exactly what problems you are having that day which made it impossible for you to make it to your appointment. If you are too tired to make it in, if you have have a flare-up of depression or pain, be sure to tell your doctor's office personnel so they can put it in your medical chart. A missed appointment without any explanation of why you missed it is not nearly as valuable as an explanation of what problems prevented you from making it in. It is also courteous and considerate to let your doctor know if you cannot make it in, and it will also provide more information about your medical condition.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
Friday, February 1, 2008
How To Prepare for Your SSA Interview
When you initially file for SSA benefits, either a telephone or in-person interview will be scheduled. Before you have your interview, the following items should be prepared and addressed:
#1 Make a detailed list in order of severity of ALL of your medical problems, both physical and mental. A typed list of them is best, and the more detail regarding your problems, the better. In my view, all physical problems at some point - due to frustration with your medical condition, your inability to obtain the medical care you believe you need (with or without insurance), your financial condition and the impact it has on your personal and family life - have a mental component to them. You have to be depressed, anxious, short-tempered, etc. so be sure to put that down on your list, and if serious enough, obtain medical care for it to document your behavioral problems along with your physical problems.
#2 If you have problems physically and/or mentally completing any SSA form, be sure to note that on the form. If someone has to fill it out because your hands are impaired, or you can't read or you are simply not a paper-writing person, be sure to let SSA know that - and if you are filling out a form, put that fact on it somewhere. Remember, if you don't write it down, it isn't going to be considered in evaluating your case. And, finally, some of the questions are personal and sometimes the answers to them are embarrassing, for example, that you cannot read or write or speak English, or that you have irritable bowel syndrome and occasionally have "accidents" or that you are going through a divorce, filed Bankruptcy, been fired many times from various jobs, been convicted of a crime, or were abused as a child - PUT IT ALL DOWN! These are important facts that make up your history and may be very important to your claim.
#3 Always indicate that you are willing to work and would if you could. Maybe, you have tried to find and obtain and hold a couple of jobs before finally filing for SSA Benefits. You should always do your best and try to work, and DOCUMENT YOUR FAILURES IN DOING SO. The reasons why you could not find or hold a job can become very important to your claim. For example, if you quit because you were asked to do work that was something you could not do, write it down. If you were fired because you had to take time off work periodically for medical reasons or to obtain medical care, make a note of it. And, if your job was terminated as part of a reduction-in-force, but you found out later that they simply hired someone else a week after you were let go, write it down. SSA wants to find out if you are a lazy , good for nothing deadbeat who simply wants a check from the government as opposed to someone who is legitimately unable to work. If you have been out looking for work and trying to keep working, their view of you is much different and helpful to your claim.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again!
#1 Make a detailed list in order of severity of ALL of your medical problems, both physical and mental. A typed list of them is best, and the more detail regarding your problems, the better. In my view, all physical problems at some point - due to frustration with your medical condition, your inability to obtain the medical care you believe you need (with or without insurance), your financial condition and the impact it has on your personal and family life - have a mental component to them. You have to be depressed, anxious, short-tempered, etc. so be sure to put that down on your list, and if serious enough, obtain medical care for it to document your behavioral problems along with your physical problems.
#2 If you have problems physically and/or mentally completing any SSA form, be sure to note that on the form. If someone has to fill it out because your hands are impaired, or you can't read or you are simply not a paper-writing person, be sure to let SSA know that - and if you are filling out a form, put that fact on it somewhere. Remember, if you don't write it down, it isn't going to be considered in evaluating your case. And, finally, some of the questions are personal and sometimes the answers to them are embarrassing, for example, that you cannot read or write or speak English, or that you have irritable bowel syndrome and occasionally have "accidents" or that you are going through a divorce, filed Bankruptcy, been fired many times from various jobs, been convicted of a crime, or were abused as a child - PUT IT ALL DOWN! These are important facts that make up your history and may be very important to your claim.
#3 Always indicate that you are willing to work and would if you could. Maybe, you have tried to find and obtain and hold a couple of jobs before finally filing for SSA Benefits. You should always do your best and try to work, and DOCUMENT YOUR FAILURES IN DOING SO. The reasons why you could not find or hold a job can become very important to your claim. For example, if you quit because you were asked to do work that was something you could not do, write it down. If you were fired because you had to take time off work periodically for medical reasons or to obtain medical care, make a note of it. And, if your job was terminated as part of a reduction-in-force, but you found out later that they simply hired someone else a week after you were let go, write it down. SSA wants to find out if you are a lazy , good for nothing deadbeat who simply wants a check from the government as opposed to someone who is legitimately unable to work. If you have been out looking for work and trying to keep working, their view of you is much different and helpful to your claim.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again!
Tuesday, January 1, 2008
Filing Your Claim - The Three Best Things To Do
Nothing happens until you file a claim. The longer you wait to file, the less money Social Security will have to pay you. Every day you don’t file is money in their pocket, not yours. So, don’t wait -file!
When you do file, there are three things you should do which will enhance your chance of getting benefits quicker. These three ideas are all designed to provide the information to Social Security that they need to process your claim, get your medical records and determine if you are severely injured enough to get benefits.
#1 Type up a really good list of all of the physical and mental medical care providers you have been to for medical care and treatment since you have been unable to work, including their name, address, telephone number and fax number, if possible. This list should include hospitals, doctors, chiropractors, physical therapists, pain clinics, psychologists, etc.
#2 Type up a list of all of the medications you take, both prescribed and over the counter, indicating what each is for, how much you take of each and side effects you have from each of them. Descriptions of problems you have like dizziness, memory loss, etc. should be detailed with specific examples.
#3 Obtain a good letter from your primary care physician detailing all of your medical diagnoses, problems you have because of them and why he believes you are not able to work. Your doctor should attach this letter to a complete copy of his office/progress notes and give it to you for filing with Social Security. A supportive physician is extremely important to your Social Security case and a good letter from him or her will be very valuable to your claim at all levels of review.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
When you do file, there are three things you should do which will enhance your chance of getting benefits quicker. These three ideas are all designed to provide the information to Social Security that they need to process your claim, get your medical records and determine if you are severely injured enough to get benefits.
#1 Type up a really good list of all of the physical and mental medical care providers you have been to for medical care and treatment since you have been unable to work, including their name, address, telephone number and fax number, if possible. This list should include hospitals, doctors, chiropractors, physical therapists, pain clinics, psychologists, etc.
#2 Type up a list of all of the medications you take, both prescribed and over the counter, indicating what each is for, how much you take of each and side effects you have from each of them. Descriptions of problems you have like dizziness, memory loss, etc. should be detailed with specific examples.
#3 Obtain a good letter from your primary care physician detailing all of your medical diagnoses, problems you have because of them and why he believes you are not able to work. Your doctor should attach this letter to a complete copy of his office/progress notes and give it to you for filing with Social Security. A supportive physician is extremely important to your Social Security case and a good letter from him or her will be very valuable to your claim at all levels of review.
And remember, never, never, never, never, never, never, never give up, as Britain’s former Prime Minister Winston Churchill once said, to which I would add appeal, appeal, appeal - and appeal again.
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