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The Social Security Disability Claims Process: Hiring a Lawyer
October 21, 2008
Posted by: Attorney Dennis Liotta

This is part of an ongoing series of Social Security Disability posts from Attorney Dennis Liotta, partner and the manager of our law firm's Workers Compensation and Social Security Disability Departments.

 

Though you don't have to hire an attorney to help you with your Social Security disability benefits appeal, after almost 20 years of practicing law, I've come to find that there are many reasons why hiring an SSD attorney can make a huge difference in your appeals process.

 

Here are just a few of the things that an SSD attorney will take care of during your claims process:

 

  • Gather evidence for your claim.
  • Gather medical records and reports.
  • Gather documents from your Social Security file.
  • Review prior actions taken by the Social Security Administration.
  • Determine the proper course of action for your claim based on Social Security regulations.
  • Consult with your physician regarding your condition and the regulations under Social Security.
  • Suggest a second opinion on your condition by having the Social Security Administration send you to a doctor.
  • Provide helpful advice on how to prepare for your Social Security hearing.
  • Provide legal counsel at the hearing in order to ensure a fair proceeding.
  • Review, object to, or make changes to the written questions being sent to a doctor by the Administrative Law Judge overseeing your hearing who may request an additional medical opinion.
  • Make sure the Social Security Administration issues the correct benefit payment, if your claim is approved.
  • Request a review of the hearing decision by the Social Security Administration Appeals Council, if your claim is denied at the hearing level.
  • Request a review of the Social Security Administration Appeals Council decision by the Federal District Court if your claim is denied at the Appeals Council level.

 A lot of people think that all you have to do is fill out some paperwork, send it in, and wait for your approval letter to arrive in the mail. Unfortunately, it's just not that easy. Filing an SSD appeal is both time-consuming and time-sensitive. If you think that you would benefit from the help of an experienced Social Security disability benefits attorney, contact my law firm for a free evaluation of your case.

The Social Security Disability Claims Process: What to do if Your Claim is Denied
September 25, 2008
Posted by: Attorney Dennis Liotta

This is part of an ongoing series of Social Security Disability posts from Attorney Dennis Liotta, partner and the manager of our law firm's Workers Compensation and Social Security Disability Departments.

 

If you think that your Social Security Disability claim has been wrongfully denied, you can appeal the decision. The most important thing to remember about SSD benefits appeals is that you only have 60 days after denial to file the an appeal.

 

After your first appeal, you can present your case at an administrative hearing. The hearing will be held by an administrative law judge, who will ask you a variety of questions and listen to information on your medical history, work history, and other important topics. There may also be a vocational expert present to render an expert opinion as to whether or not you can work. During the hearing, the judge will take the following five important questions into account:

 

• Are you currently engaged in substantial, gainful work?
• If you are not currently performing substantial, gainful work, is your physical or mental medical   condition considered medically severe enough to be called a disability?
• Has your condition lasted, or is it expected to last, for a continuous period of at least one year, and does it meet or medically equal a listed impairment?
• Does your condition prevent you from working in your established profession?
• Does your condition prevent you from working in any other profession in which positions are available?

 

If the administrative hearing doesn't get you the results you're looking for, your case can be taken to the Appeals Council for further review. If you still aren't successful, you can file a civil suit in Federal District Court.

 

All of these options can be overwhelming, so in my next post I will give you information that will help you determine when and if you need an attorney for your SSD claim.

The Social Security Disability Claims Process: The Initial Application
September 16, 2008
Posted by: Attorney Dennis Liotta

This is part of an ongoing series of Social Security Disability posts from Attorney Dennis Liotta, partner and the manager of our law firm's Workers Compensation and Social Security Disability Departments.

 

To apply for Social Security disability benefits, you must meet an array of criteria, including:

 

•    You cannot continue in your line of work, nor can you adjust to other work because of your medical condition.

•    Your disability has lasted or is expected to last at least one year or result in death.

•    You must have worked long enough, and recently enough, to have sufficiently contributed to the Social Security system.

•    You can apply for disability even if you continue working part time, but your average monthly earnings can't exceed about $830.

•    Other factors will be looked at as well, such as your age, education and vocational background.


After you decide that you meet the criteria, you send in your application and wait. On average, it will take about four months to hear back about your claim. If you are like many other people, you will receive a letter in the mail telling you that your claim has been denied. In fact, more than 75 percent of people are automatically denied benefits, regardless of whether or not they qualify for them. It is important for you to understand that the claims process does not end here. In my next post, I will discuss the options that you have if your claim is denied.

The Social Security Disability Claims Process: Diagnosis of a Medically Determinable Impairment
September 10, 2008
Posted by: Attorney Dennis Liotta

This is part of an ongoing series of Social Security Disability posts from Attorney Dennis Liotta, partner and the manager of our law firm's Workers Compensation and Social Security Disability Departments.

 

According to the Social Security Disability Act, a disability is the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months." Under this act, disabled people are entitled to Social Security disability benefits, granted they meet certain conditions.

 

The first step in the SSD claims process is determining whether or not you meet the criteria for being disabled. You must be diagnosed with having what the government calls a "medically determinable impairment." This means that you have a physical or mental disability resulting from an anatomical, physiological, or psychological condition that can be medically diagnosed. Your disability must be established by medical evidence that consists of symptoms, signs, and laboratory findings. Our law firm's web site lists some common impairments.

 

After it has been decided that you have a medically determinable impairment, you can apply for SSD benefits as soon as you become disabled. In my next post I will detail the application process, including the criteria that you must meet under the Social Security Act to apply for disability benefits and how long you can expect to wait for a response after your application has been submitted.

The Social Security Disability Claims Process
September 02, 2008
Posted by: Attorney Edgar Snyder

Attorney Dennis LiottaI'm pleased to announce a new series of blog posts that will feature my law firm's Social Security Disability Department. Dennis Liotta, a partner at my firm who has been with Edgar Snyder & Associates for 18 years, will return as a guest blogger. Dennis is the manager of both our Workers Compensation and Social Security Disability Departments. A few months ago, he wrote a fantastic series on Workers' Compensation issues, and I'm thrilled that he will now lend his expertise to explaining the SSD claims process.

 

Over the next few weeks, Dennis will post information on topics like determining if you're eligible for SSD benefits, what to expect once you've filed your claim, and what to do if your claim is denied. So keep checking for upcoming posts that will help you navigate Social Security Disability claims process.

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