Erisa Lawyer banner

Social Security Claims

Obtaining Social Security Disability: How to Begin the Process

Step 1. You must believe that you have a valid disability case

We’ve all heard the SSA disability horror stories…but all too often I am surprised by the number of people who wonder whether they have a valid claim and if it is worth their time to file for disability benefits. In my opinion, over 80% of the individuals whose cases I review have a valid claim. If their claim is properly prepared they stand an excellent chance winning their case…regardless of the diagnosis(es). Continue reading

Seven Important Steps to Winning Your Disability Case

Representing clients nationwide has given my firm a unique perspective on what matters most in winning chronic pain and chronic fatigue Social Security disability cases. In other words, what factors are usually the difference between winning and losing?

Over the past several years, my firm has won cases in over 40 states and I have appeared before approximately 200 judges throughout the country. My journeys from Las Vegas to Phoenix and Providence to Seattle have provided a broad understanding of why judges approve these cases.

This article is my effort to distill this experience down to seven important steps. This is not a complete list, but what I believe are the most important factors.

Step 1: A disability claim is the beginning of your recovery; you do not need to be permanently disabled

Continue reading

Why it is Important to Persevere in Your Disability Claim

The application and appeals process for Social Security Disability Insurance benefits can be so overwhelming and intimidating that roughly half of all applicants give up after they are first denied benefits by the Social Security Administration (SSA). The process can make you feel like you are David fighting Goliath. But if you prepare your case with the right legal and medical documentation, and if you persevere, you can significantly increase your odds of obtaining benefits. Proper preparation of your case is critical, as SSA has made it increasingly more difficult to obtain benefits over the past several years.

Continue reading

How To Talk with Your Physician About Supporting Your Disability Claim

Well, it happened again this week. What am I referring to? The all too familiar story of a treating physician who does not support a patient’s claim for disability benefits. This usually comes as a complete shock to the patient who thought the physician was in their corner (In this article I use physician interchangeably to mean medical physicians, psychiatrists, psychologists or podiatrists).

I am aware of this problem because I often talk with treating physicians about a client’s disability claim. The client has told me they are certain the physician supports their claim. I am always surprised when the physician does not support the claim or does not “want to be involved in the claim.” To be sure, the physician’s response of “not wanting to be involved” is the same as not supporting your claim.

In this article I will discuss why is it critical to have the support of your treating physicians and hopefully how to obtain it.

Continue reading

Winning Your Disability Case in Three Words…Frequency, Severity and Duration

In a disability case, almost any symptom or limitation can be disabling; but to determine whether they preclude work, the relevant questions are how frequent are they, how severe are they, and how long do they last?

A critical point I make to people who contact me everyday is that their disability case is won or lost based on symptoms/limitations and not on their diagnosis! Clearly, under federal law, a disability claimant has to have a legitimately diagnosed physical and/or psychological disorder to even allege disability, but this is only the beginning of the analysis.

Continue reading

Here’s a “Golden Nugget”: Win Your Disability Case by Obtaining Your Personnel File from Work

Sometimes as a disability lawyer, one must be more creative than usual in order to win a client’s disability claim. Such a situation presented itself recently in of all places, the city of creativity, Las Vegas, Nevada.

I am blessed with a great disability practice as I have the opportunity to represent very honest, hard working people throughout the United States who are unable to work. I am fond of saying that we represent people who have good cases to begin with…our job is to make them better.

However, occasionally a client’s case does not “come together” the way we had hoped. This problem manifests itself in many different ways. It can be the treating doctor who does not want to help, or the medical records are of poor quality, are illegible, or do not assist anyone in understanding the severity of the client’s medical conditions.

Continue reading

Winning Your Disability Case with the Help of Co-Workers, Family Members and Friends

In a Social Security disability claim, the credibility of the claimant is often the determining factor of whether the claim is approved or denied. For cases involving chronic pain or fatigue, such as fibromyalgia or chronic fatigue syndrome, the credibility of the claimant is usually crucial to success. The reason for this of course is due to the fact that those diagnoses involve subjective symptoms and limitations that usually cannot be objectively quantified by medical or laboratory tests.

Thus, SSA and judges will listen to the claimant’s story about why they are unable to work due to the frequency, severity and duration of their symptoms; but they will also look for corroborating evidence from other sources such as doctors or individuals who know the claimant.

Continue reading

Obtaining Disability Benefits… David vs. Goliath

Remember the epic battle between David and Goliath? On paper, David clearly had no chance to win, fortunately his heart and soul did not know it and with determination, persistence and divine intervention he prevailed! Ever wonder what might have happened if he was aware of his predicament? Would he have fought or ran the other way?

Every day at the Social Security Administration (SSA), seemingly epic battles between disability claimants and SSA are fought. The Bounty? Disability benefits.

Continue reading

Why it is Important to Address Psychological Issues in Your Chronic Pain Disability Case

Over the past several months I have represented fibromyalgia clients at disability hearings in Chicago, Seattle and Midland, Texas. Although the three clients lived far apart geographically, their cases had several things in common.

First, all three were found disabled by the administrative law judge. Second, in my opinion, all three had solid medical documentation of their fibromyalgia (chronic pain) and resulting symptoms. Third, all three had medical histories which included treating physicians prescribing strong narcotic medications to control their chronic pain (they were also taking anti-depressants). Forth, all three had histories of suffering from psychological disorders that resulted from their longstanding chronic pain.

Continue reading

How to Win Your Hepatitis Disability Case

Contrary to what many people suffering from Hepatitis believe, the Social Security Administration (SSA) is very familiar with the disease. In fact, SSA considers Hepatitis to be such a potentially serious medical condition that federal law provides that if their hepatitis is advanced, a person can be found disabled based on laboratory test results alone!

Use this article as the cornerstone to developing and winning your Social Security disability claim.

Continue reading