If you are denied in a Social Security Disability or SSI application, it is a good idea to at least talk with an attorney about your claim. When you are turned down it is often because there was a lack of medical evidence in support of your claim, the Administration did not consider all your impairments, or the Administration failed to apply the correct legal rules.
Statistics show that nationally, about 60% of all claims are denied initially, and of those cases that do go on to the first level of appeal (Reconsideration), about 85% are denied. At the second level of appeal (Administrative Hearing), about 45% of all claims are denied.
You have the right to have an attorney represent you at all levels of the administrative process. Statistics have shown that claimants represented by attorneys have been much more successful in obtaining benefits than people who chose to represent themselves. An attorney is able to:
- Gather medical and other evidence
- Analyze your case under Social Security Regulations
- Obtain a copy of your file from the Social Security Administration to ensure that it reflects all your past medical treatment and that all records and documents contained therein are admissible as evidence
- Ask that any prior applications for benefits be reopened
- Protect your right to a fair hearing
- Make any necessary appeals
The Law Offices of Benjamin H. Berkley, has represented thousands of claimants at all administrative levels. We have practiced exclusively in the area of Social Security Disability law for over 29 years and have the experience necessary to achieve results. Call our office for a free evaluation at 714-871-6440 or Toll Free at 1-866-972-1515 or complete the evaluation form. We also will come to your home if you cannot come to us.
If you live in California, we may be able to represent you. Contact the Law Offices of Benjamin H. Berkley, APLC for a free telephone consultation. If you are visiting this web site from any other state, please contact the National Organization of Social Security Claimants Representatives for referral to an attorney in your area. Their toll-free number is 1-800-431-2804, or visit their website at http://www.nosscr.org/.
We strongly advise people to contact an attorney as soon as possible, and certainly before requesting a hearing as a good attorney will need adequate time to prepare the case, review the administrative file and request copies of outstanding medical records in order to effectively and zealously represent the client at the hearing.
Again, the sooner you contact an attorney, the sooner he or she will be able to take the steps necessary in developing your case. Note, however, if you have already received your notice from Social Security advising you that it has denied your claim, you will have only 60 days to file your appeal. Do not wait until the last minute to contact an attorney as once this 60-day period has expired you may lose your right to appeal!
Even if you have not yet applied for Social Security benefits, it is a good idea to speak with an attorney before filing your claim. An attorney can give you advice about what you need to do to prove your disability; can request copies of your medical records and make sure these records are included in your claim file; can request that your treating doctor provide a detailed report of what you can and cannot do because of your impairment; and can ensure that any necessary appeals are timely filed.
The Law Offices of Benjamin H. Berkley, APLC has represented over 6,000 clients at all administrative levels. We have practiced exclusively in the area of Social Security Disability law for over 10 years and have the experience necessary to achieve results. Call our office to speak with one of our attorneys. We offer free telephone consultation and can arrange to meet you at one of our offices.