Lesser Law Blog - Personal Injury Law » Social Security Disability

Social Security Disability Denials

C. Reid Bierer — Wed, 01 Feb 2012 19:20:25 +0000

Have you filed a claim for Social Security Disability benefits? Disability claims may be denied for many reasons. Some are denied because it is determined that the claimant can return to their past relevant work. Normally, that means that they can do any one job that they may have done in the past fifteen years. Sometimes, a claimant may be denied because it is determined that they can perform some other type of work even if they are unable to do their past relevant work. Such a determination is based on the claimant’s age, education, work experience, skill level, and level of functional limitations. This is called the claimant’s Residual Functional Capacity (RFC).

Often, claims are denied simply for a lack of medical documentation. It is very important for a disability claimant to furnish a detailed and accurate history of medical treatment for the injury or disability that prevents them from working. If the disability examiner is not made aware of those records, they will have nothing upon which to base a favorable decision and you will be denied disability benefits. Sometimes it is the lack of documentation of the claimant’s disability within the medical records which causes the denial of benefits. For instance, perhaps the treating physician did not include any statements regarding the patient’s current level of functioning and the functional limitations that would prevent him or her from engaging in work activities.

Of course, if the claimant does not follow through with medical treatment or does not seek the proper treatment for her disabling condition she will almost assuredly be denied disability benefits. Even if the claimant has a condition for which there are few treatment options, it is extremely important to follow through with all available options. From Social Security’s point of view, a history of medical evidence from the date of onset through the present is necessary for you to prevail on your claim for Social Security Disability benefits.

An attorney experienced in Social Security Disability claims can help make sure that all of the necessary facts are presented in the initial application, the reconsideration stage and at the administrative hearing level. If you are about to apply for Social Security Disability benefits or have already been denied, you should consult with an attorney who understands the details of the system and what is required to prevail. The law firm of Lesser, Lesser, Landy & Smith, PLLC represents disabled persons who are seeking Social Security Disability or Supplemental Security Income benefits. Please contact our office for further assistance.

But I Don’t Want to Go to Court…

Michael S. Smith — Wed, 17 Mar 2010 20:19:14 +0000

Thru the years, we have frequently had clients express concern about “going to court.” This reaction is natural, since many of our clients have never had any interaction with the justice system. On television, “court” looks like a very scary place. Slick lawyers hammer witnesses into confessions before the first commercial break. What sane person would voluntarily subject herself to such abuse?

Reality, of course, is much different from television drama. Many civil disputes are resolved before a lawsuit is even filed. Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse. Florida has a very strong pre-trial mediation program. This program is mandatory, and no case can go to trial in Florida without first going through the mediation process. Trained mediators help the parties try to reach a compromise they can live with. We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial. We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected. Palm Beach County is blessed with the finest judiciary in the State of Florida. Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial. While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

Intro to Social Security Disability Benefits

C. Reid Bierer — Fri, 26 Jun 2009 15:32:44 +0000

If you are unable to work due to an injury or disability and you are under the age of 65, you may be entitled to Social Security Disability Benefits. The Social Security Disability Insurance program is a federal program intended to help injured people who are unable to work due to a medical condition. The program has been created to provide a safety net when your injury or disability prevents you from working. For many people, the thought of being unable to work can be worrisome and frightening. We can help you through the difficult and complicated process.

Whether you are applying for Social Security Disability or you have been denied benefits, it is important to talk to an attorney who understands the system, the paperwork and the specific rules and regulations. There are time limits that are important when making your application for benefits so it is important to take action as soon as possible once it has become clear that you can no longer work. If you have any question as to whether you may be entitled to receive Social Security Disability Benefits, please contact our office.

When we represent you for your Social Security Disability claim, you do not have to pay any upfront costs and there is no fee unless you receive Social Security benefits.