Ohio Social Security Attorney

Your Disability Attorney Really Does Want to Win Your Case As Quickly As Possible

admin — Sun, 12 Feb 2012 14:00:59 +0000

As most applicants know, it can take several years to have your Disability claim awarded. Unfortunately, some clients think that their disability attorney is not doing everything possible to move things along. Nothing could be further from the truth. I recently came across a post that does an excellent job explaining that your attorney really does care about your claim.

Your Attorney Really Cares About Your Social Security Disability Case

For more information on the Disability process, please contact our office at: OhioSocialSecurityAttorney.net

Harry Bernstein – Attorney
50 Public Square – Suite 801
Cleveland, OH 44113

(800) 930-9882

Social Security Disability – What Is It?

admin — Tue, 31 Jan 2012 21:28:09 +0000

Today’s podcast discusses the two differnt types of Social Security Disability Benefits:

Social Security Disability Insurance – SSDI
Supplemental Insurance Income – SSI

Podcast Powered By Podbean

How Our Disability Blog Can Help You

admin — Wed, 25 Jan 2012 23:26:37 +0000

listen to ‘How Our Disability Blog Can Help You’ on Audioboo

Technorati Tags: disability, disability attorney, disability lawyer, Social Security Disability, ssdi, ssi

Can I Appeal if I Lose My Social Security Disability Hearing?

admin — Sun, 15 Jan 2012 13:10:07 +0000

If the ALJ denies your claim after your hearing, you still had the right to appeal to the Appeals Council in Virginia. The most recent statistics show that approximately 40% of claims that are accepted for review, are with approved, or returned to the ALJ for reconsideration.

This number alone shows that you should strongly consider taking your claim to the Appeals Council.

For more information on how this process works, do not hesitate to contact our office and / or read the article below.

Applicants who are denied SSI benefits can appeal that decision, P.2

In the last post, this blog began a discussion of the complex appeals process that is available for people who are initially denied Supplemental Security Income benefits from the Social Security Administration. Much like the Social Security Disability Insurance benefits program, many applicants for benefits through the SSI program are denied at the initial determination of eligibility stage. Applicants for benefits through either program can appeal that initial denial of SSA benefits.

In the last post, this blog left off with the administrative law judge hearing stage of an SSI appeal. If the ALJ issues an applicant an adverse decision regarding SSI benefits, the applicant can take the appeal to the next level, which is before the Social Security Appeals Council.

The Social Security’s Appeals Council looks at all requests for review, however, the Appeals Council can deny a request for review. If a review is denied at the Appeals Council stage, the applicant will receive a letter explaining why the review has been denied. If the council declines to review the case, the applicant can take that decision to federal court for review.

If the Appeals Council accepts review, the review can take different forms. The council itself can look at the case and issue its decision, or the council can return the case to an administrative law judge for further consideration. Adverse decision at the Appeals Council stage of the appeal can be taken to federal court. Again, the process can take different turns in federal court.

The federal court judge can grant SSI benefits after the district court proceeding. However, the judge can remand the file back to an SSA ALJ or the Appeals Council for further consideration, or deny benefits at the federal court stage of the review.

Many applicants find the help of an experienced Florida Social Security Disability and Supplemental Security Income lawyer valuable when seeking SSA benefits. A seasoned Social Security attorney can help an applicant in assessing an individual situation and can help an applicant navigate through the complex SSA process.

Source: Social Security Administration, “Your Right To Question A Decision Made On Your Supplemental Security Income (SSI) Claim,” Jan. 2011

Original Page: http://www.800-disability.net/2012/01/applicants-who-are-denied-ssi-benefits-can-appeal-that-decision-p2.shtml

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Harry Bernstein – mobile

How Much Are Attorney Fees? – That Depends.

admin — Sun, 15 Jan 2012 04:03:58 +0000

A discussion of attorney – client fee agreements.http://harrysbernsteinlaw.com/blog/socialsecuritydisability/how-much-are-attorney-fees-that-depends/

Does my disability qualify for SSDI or SSI?

admin — Sun, 15 Jan 2012 04:00:11 +0000

Each individual application fo Social Security Disability benefits is unique, but a recent Federal case gives some guidance in determining whether an impairment is “severe” enough to qualify under the law. As the decision notes, the “severe” standard is minimal, and only requires some objective evidence to meet SSA standards.

Severe Impairment in Social Security Disability Cases – Parker-Grose v. Astrue

One of a handful of factors that the SSA and reviewing judges consider in determining whether a claimant is eligible for Social Security disability benefits is whether the claimant’s impairment(s) is sufficiently severe. In Parker-Grose v. Astrue, the Second Circuit Court of Appeals explains some of the evidence that can be used to meet this requirement.

Plaintiff Mary Jane Parker-Grose filed a claim for Social Security disability benefits, asserting that she’s unable to work due to depression. The Social Security Administration (SSA) initially denied the claim and, following an administrative hearing, an SSA Administrative Law Judge (ALJ) found that Plaintiff was not disabled for purposes of obtaining disability benefits. Specifically, the judge determined that Plaintiff’s depression is not sufficiently severe.

In order to find a claimant eligible for Social Security benefits, the SSA or a reviewing judge must find that the claimant suffers from one or more severe impairments. An impairment is severe if it “significantly limits the claimant’s ability to do basic work activities.” The SSA advises claimants “[i]f you do not have any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities, we will find that you do not have a severe impairment and are, therefore, not disabled.” An ALJ considering the severity of a claimant’s impairment must make this decision based on substantial evidence.

In this case, the Second Circuit – which sits in New York City and whose jurisdiction covers New York state, Connecticut and Vermont – reversed the ALJ’s decision and remanded the case for further proceedings, ruling that the ALJ’s finding that Plaintiff’s depression is “nonsevere” was not supported by substantial evidence. In so doing, the court noted that the severity requirement is a “de minimis” one aimed at weeding out claims in which a claimant suffers from only minimal impairment.

According to the court, two treating psychologists – Dr. Joseph M. Patalano and Dr. Richard Root II – examined Plaintiff and determined that she suffers from depression. Furthermore, Dr. Root estimated Plaintiff’s “Global Assessment of Functioning” (GAF) score – an assessment of a patient’s overall level of functioning – to be in the range of persons experiencing “moderate symptoms” including “moderate difficulty in school, work, [and] social functioning.” These opinions, the court ruled, proved that Plaintiff’s depression was sufficiently severe.

Legal boot camp challenges law students

admin — Sun, 15 Jan 2012 03:12:19 +0000

The future of educating lawyers lies in more practical training such as the program below.

View full page: tulane.edu/news/newwave/011312_law.cfm?RenderForPrint=1

Legal Boot camp challenges law students

January 13, 2012

Carol J. Schlueter
cjs@tulane.edu

The spring semester got an early — and intensive — start for 150 second- and third-year students at Tulane Law School this week. They jumped into their future careers with a legal-skills boot camp presented by practicing attorneys and judges.

Attorneys Rico Alvendia, left, and Robert Redfearn Jr. coach law students about depositions during the boot camp. (Photos by Paula Burch-Celentano)

The week-long optional intersession program, first ever at the law school and many months in planning, opened on Monday (Jan. 9) at Weinmann Hall. Three tracks are being offered, each carrying two credits, in pretrial civil litigation, pretrial criminal litigation and transactional law.

“In the complex and competitive environment of modern law practice, the need for comprehensive skills training has never been greater,” says David D. Meyer, dean and Mitchell Franklin Professor of Law. “Over the course of one fast-paced, hard-driving week, leading lawyers from around the country are putting students through the paces of representing a client in an unfolding lawsuit or business deal.”

Second-year law student Amy Mandel practices taking a deposition.

Importantly, students are learning by doing — interviewing a client, evaluating a case, drafting a pleading or agreement — all with the critical guidance of nearly 75 legal practitioners, many of them Tulane alumni.

Each afternoon concludes with a panel discussion of issues not generally addressed in the standard law school curriculum, including: “Communicating With Clients and What Clients Want to Know,” “How to be a Star Associate,” “Relationships With Opposing Counsel” and “What Judges Do and Do Not Want.” 

“We expect that employers will recognize the strong value of this program, and that it will cement Tulane’s reputation as a singularly well-rounded law school where students grapple with both legal theory and practice at a highly sophisticated level,” Meyer said.

Citation information:

Page accessed: Saturday, January 14, 2012
Page URL: http://tulane.edu/news/newwave/011312_law.cfm

Tulane University, New Orleans, LA 70118 504-865-5000 website@tulane.edu

Generated by Instapaper‘s Text engine, which transforms web pages for easy text reading on mobile devices.

Social Security Disability Cases Often Denied

admin — Wed, 09 Nov 2011 18:42:27 +0000

Ohio Social Security Disability Claims Face High Denial Rate
Applying for and winning a Social Security Disability claim can be a long, and arduous process. Unfortunately, in Ohio over 70% of applicants are denied at the initial stage.
Many clients feel that they have done something wrong, but this is usually not the case. The best way to describe the situation, is that the claims reviewers are generally

Overwhelmed and Understaffed

The claims reviewers have so many claims, and So much information to review, that they may not be able to really understand the situation that the applicant is faced with.
The good news is that eventually over 70 % of claims do get approved at the hearing level.

If you have been denied, or just need to speak with an attorney, please contact us for a no fee consultation. We never charge a fee unless we can get your claim approved.

Toll free: (800)930-9882
Email: info@ohiosocialsecurityTtorney.net

Technorati Tags: ohio social security attorney, Social Security Disability

Social Security Disability Denied? – Should I Hire an Attorney

admin — Fri, 24 Jun 2011 15:54:59 +0000

I’ve Been Denied – Do I Need a Social Security Disability Attorney

Many people in this country can not earn a living due to physical disabilities not under their control. Over 75 years ago the Social Security system was created to help these people. Unfortunately, over time, the system has in many ways broken down, and people truly in need are being denied at an alarming rate. Statistics show that over 75% of applicants are initially turned down. If you are one of these people, you need to know what to do next. If you only take away one piece of advice form the article, please remember never give up!

Reconsideration – Step 1

When an individual applies for Social Security Disability, they will usually receive a decision on their application in 90 – 180 days. Unfortunately, an extremely high percentage of applicants are turned down due to no fault of their own. If your initial application is denied, you will receive a written notice of denial explaining the reasons for the denial, and advising your of your right to file for reconsideration. Since you only have 60 days to file for your reconsideration it is very important that you file the paperwork in a timely manner. Do not delay. If you do not file for a reconsideration within the 60 day limit you have lost this right to appeal. You will have to go back to step one and file a new application.

Reconsideration Options

Once you have received your notice of denial you have three options:

Retaining a Social Security Attorney to handle your appeal
Appeal on your own
Give up

Retaining a Qualified Attorney

If you have been denied, consulting a qualified attorney is probably the best step to take. Most attorneys will not charge you for an initial consultation. They will meet with you to learn the specifics of your situation, and explain your options. If you decided to retain him or her, they can handle the whole appeal process. This includes working with your doctors, the SSA, process all paperwork, and represent you at any hearings. An experienced lawyer will know what information to provide to the Administration in order to get your claim allowed. He or she will then work with your medical providers to get that information into the hands of the people who are deciding your claim. Additionally, most attorneys do not receive a fee until your claim is allowed. When they are paid, their fees are capped by law at 25% of your back award or $6,000 whichever is less. These fees come directly from the SSA out of your back award. As you can see, there is very little downside to consulting and retaining an attorney to handle your appeal.

Appealing on Your Own

The appeals process is complicated, and filled with land mines. Do you really feel that you can deal with all of the forms, medical information, and still take care of yourself? The only advantage to handling a claim yourself is to save yourself a few dollars, and that is only if your claim is allowed.

Give Up

Never, ever give up. As long as you have a right to appeal, you have a chance to win your claim. There is absolutely no benefit to giving up.

Technorati Tags: ohio social security attorney, ohio social security attorneys, ohio social security disability, ohio social security lawyer, ohio social security lawyers

Social Security Disability Application – Getting Started

admin — Wed, 15 Jun 2011 19:33:59 +0000

The Social Security Disability Application – Where Do I Start?

Due to the delay Ohio applicants are currently faced with regarding their claims, it makes sense to file an application as soon as possible. We have found that filing your claim online at: www.SSA.gov/applyfordisability, has proven to be the fastest method, although applying in person if you can get an appointment quickly is also effective. Although attorneys can not make an initial application for our clients, we can handle every step of the appeal process if you are denied.

Which Program Do I Apply to? – SSD or SSI

When applying, you will first need to determine if you are eligible for Social Security Disability, SSD, or Supplemental Security Income, SSI. To be eligible for SSD, you need to have paid enough taxes into the system. The chart on this page: http://www.ssa.gov/pubs/10029.html#part2 will give you a guide. If you do not meet these eligibility requirements, then you will need to apply for SSI.

Application Tips

Provide as much information as possible. You should list all of your disabilities, medical treatment history, including expected future treatment, as well all medications which you take. Additionally, you should explain how your disabilities and medication impact your work and every day life activities.

Do I Need An Ohio Social Security Attorney?

Although you do not need an attorney to file an application, of for any part of the appeal process, it would definitely be to your benefit to seek the advice of one at any time during the process. Most attorney’s will not charge for your initial consultation, and will only collect a fee if your claim is allowed. Additionally, their fess are capped at 25% of your back award, with a maximum fee of $6,000. One other thing to note, is that the applicant does not actually pay these fees. The attorney is paid directly by the Social Security Administration out of the applicants back award. For example, if your total back award was $20,000. You would receive $15,000 and the attorney would be paid $5,000.

Technorati Tags: ohio social security attorney, ohio social security disability, ohio social security lawyer