Recently James publishing launched JamesDisabilityLaw.com. I was excited to see the launch of the site, as I am a subscriber of five Social Security Disability practice guides published by James Publishing. The practice guides help me stay informed of developments in Social Security Disability Law, and educate myself on unique issues that I do not see on a daily basis. These practice guides are a great resource that have helped improve the representation I provide to my clients.

I was disappointed to see that JamesDisabilityLaw.com is not as helpful for claimants. Although some topics on the website are useful for individuals applying for disability, advice provided regarding representation is not. I have previously written several articles on this site about the advantages of having an attorney, how an attorney can help you with your initial application, and how you can improve your application before applying. Since I previously discussed these topics in detail, I will not rehash the entire articles, but I will simply state that you should never be discouraged from obtaining an attorney as early as possible in the disability process.

My problem with JamesDisabilityLaw.com is that the site suggests that you should not obtain an attorney to help until you are denied at the reconsideration level. You are also discouraged from obtaining an attorney when initially applying for benefits. The site indicates that most observers agree that this timing works, but no authority is cited for this proposition.

In the “Common Social Security Disability Questions” section of JamesDisabilityLaw.com, it is again indicated that the best time to obtain an attorney is before an Administrative Law Judge Hearing. What is surprising about this statement, is question 6 indicates that two of the biggest mistakes you can make in the disability process are: 1) failing to appeal; and, 2) failing to obtain appropriate medical care.

Why I disagree with advice from JamesDisabilityLaw.com

The reason that it is important to have representation while pursuing disability benefits, is that an attorney will advise you on how to strengthen your claim. The three biggest mistakes that I find people make in initial applications are: 1) failing to properly document treatment received; 2) failing to list all medical impairments; and, 3) failing to properly answer questions in disability questionnaires. All of these errors remain in your file throughout the disability process. Although you can file amendments to your application in the future, I have seen many individuals denied benefits because they improperly answered questions when they were unrepresented.

I would never suggest that every individual that is applying for disability benefits requires an attorney when pursuing disability benefits; however, there are advantages for everyone pursuing disability benefits to have representation. Although attorneys will charge a fee for the representation that they provide, you should be advised to weigh the advantages of the assistance with the cost for the services. This should be an individual decision based on your specific circumstances.

General disability websites do not provide state specific advice

When reviewing General Information about Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments, it is important to note that there are differences in the disability process based on the state you live in. Although the disability standard is the same, I have also written several articles discussing the difficulty of being approved at the Administrative Law Judge level in Delaware. (See High Delaware ALJ Denial Rates, Impact of High Denial Rates in Delaware, and Fiscal Year 2010 Denial Rates Remain High in Delaware). Mistakes made at the initial and reconsideration stages can cause you to continue to be denied benefits in the future, or to lose eligibility for considerable past-due benefits.

Because of the high denial rate at the Administrative Law Judge level in Delaware, it is important that you take every step to be approved for benefits at the earliest possible time. Steps taken to strengthen your claim before you get to the Administrative Law Judge level will also strengthen your claim if you eventually require an ALJ Hearing.

Initial consultations for Social Security Disability are usually free

The great thing about the Social Security disability process is that attorneys cannot charge any fee without authorization from the Social Security Administration. Since authorization is needed in order to charge a fee, most Social Security disability attorneys see you for a free initial consultation before agreeing to take your claim. This free initial consultation helps you make an informed choice of whether representation would help based on your specific circumstances. Although many individuals are successful in obtaining benefits without the help of an attorney, with the growing backlog of disability claims and the high ALJ denial rate in Delaware, it is important that you make an informed decision before proceeding with an application without legal assistance.

I have forwarded my complaints to JamesDisabilityLaw.com, and I hope that my feedback will help improve the website. There are several areas on JamesDisabilityLaw.com that help educate you on the disability process, but I am just concerned that by discouraging individuals from obtaining legal assistance, they may cause more people to be denied benefits.

UPDATE: I received a response from Jim Pawell, President of James Publishing, shortly after emailing my complaints. I am happy to report that Mr. Pawell graciously accepted my criticism, and is very open to including opposing viewpoints of representation on his site. I am hopeful that areas that caused me concern will be revised in coming days. I also encourage others to forward suggestions to Mr. Pawell. I truly believe that the goal of James Publishing is to provide a site that is complimentary to the excellent practice guides that they publish. I will continue to explore this site myself and provide feedback that can assist individuals pursuing benefits.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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Luckily, SSA has many services available online. The services are mostly easy to use, but caution is still necessary. Although many activities can be completed online, it is often still necessary to submit paper documents to complete the process.

The following are the most relevant online services for individuals that are pursuing disability benefits from SSA:

• Research Disability Requirements
• Request SSA Benefit Statement
• Check Status of Social Security Disability Claims
• File an Appeal of your Social Security Disability/Supplemental Security Income Denial
• File an Application for Social Security Disability Insurance Benefits

Although SSA has done an excellent job of providing online resources for individuals pursuing disability benefits, it is always recommended to consult an experienced legal respresentative before relying on the information found. SSA does not tailor information on its website to you specifically, and it is possible that information you find may not be accurate based on your unique circumstances.

Researching Requirements of Disability Programs

The SSA Website provides a wealth of details about SSA disability programs. One of the most useful tools is the Benefit Eligibility Screening Tool (BEST). BEST uses details that you provide to help determine which SSA programs, if any, you qualify for. Although this tool normally correctly identifies the programs that individuals may be eligible for, do not assume that the answers are always accurate. If BEST indicates that you do not qualify for benefits, I would still be available to help determine if the information that was provided is accurate.

My favorite part of SSA’s online services, is information that it provides to help you understand SSDI and SSI. An overview of the disability program requirements, application process, and the determination process are provided. There is also a section for Frequently Asked Questions about SSDI and SSI. Most information is general, but it still is a great educational resource. I provide much of the same details found on SSA’s website during an initial consultation appointment, but potential clients often find it helpful to have knowledge of the disability programs before we meet.

Request Social Security Benefit Statement

SSA normally sends a benefit statement to all adults with reported income several months prior to their birthday each year. The Social Security Benefit Statement provides information that is useful in determining eligibility for SSA disability programs. The benefit statement provides estimates of your eligibility amount for various Social Security Programs including disability, and helps an advocate determine whether you have sufficient work credits to qualify for SSDI.

If you have not received a Social Security Benefit Statement recently, SSA allows you to request a benefit statement from its website. It typically takes between 2 to 4 weeks to receive a statement after it is requested. I recommend that all potential clients request a Social Security Benefit Statement prior to applying for benefits. The statement provides the single best way of answering the question, “how much will I receive if I am approved for disability benefits?” If you do not have earnings information available when you meet with me, I am normally unable to answer that question. The Social Security Benefit Statement solves that problem.

There is no hazard of requesting your benefit statement without assistance from a legal representative, and I highly recommend that anyone considering applying for disability benefits request one.

Checking the Status of Your Disability Application

When you apply for SSDI or SSI you are provided with an application confirmation number. This number is provided whether you apply for benefits online or in person at your local SSA office. If you apply in-person, your application number is on your application receipt. When you apply online, the confirmation number is provided when submitting your application.

With an application confirmation number, you are able to check the status of your application through SSA’s website. Typically, the only information provided is that your application is pending. You are not provided with specifics of the process or alerted to problems with the processing of your application.

Although the information provided is not currently very useful, I expect that this will improve in the future. Currently, I warn my clients not to rely on any of the information that is found on the online status page. I have found that several times after an appeal is submitted, SSA’s website has not yet updated the status of the claim. If you are concerned about the information provided when you check on your status, I can work with SSA to obtain accurate information.

File an Appeal Online

SSA allows you to file an appeal of an initial denial or reconsideration denial of SSDI or SSI online. However, there are multiple steps that are necessary to actually complete the appeal. Although an experienced attorney is able process an appeal online without difficulty, an inexperienced individual can easily miss a required step when attempting to file an online appeal. If you fail to accurately complete your appeal, it is possible that you could lose substantial benefits or even eligibility.

I personally use the online appeal process for all my clients. It saves time for SSA because a claims representative does not need to enter all of the information by hand. It saves time for my office because we receive receipts confirming the submission of the appeal and I know the information was entered accurately.

The process is simple if you know what you are doing, but small mistakes can lead to the loss of substantial benefits. Before using the online appeal process, I would highly recommend obtaining the help of a legal representative. If you are unable to obtain help from an attorney, it is in your best interest to appeal in-person at your local SSA office.

Filing an Application for Social Security Disability Insurance Benefits (SSDI)

SSA encourages all individuals applying for SSDI to apply online. By applying online, you save valuable time for claims representatives. Instead of a claims representative having to take 30 to 60 minutes to meet with you to complete application, they simply review the information transmitted from the Internet and make sure that you have completed all steps necessary to apply for benefits. Since SSA resources are limited, online filings assist representatives with handling more claims.

SSA indicates that it takes an average of 30 minutes to complete an online application for SSDI. Although it is not very time consuming to complete, the answers that you provide will have a long-lasting impact on your eligibility for benefits. For individuals that are not well versed in the disability process, several mistakes can be made. Entering the wrong date can cost you several months or years of disability eligibility. Incorrectly providing information can also be considered fraud with criminal implications.

I agree that the online application is great productivity tool for SSA, but I am concerned that individuals can potentially harm themselves by completing an application without the help of an experienced legal representative.

The value of applying in person is that an SSA claims representative is also required to screen your claim for eligibility for other programs. When you apply online, you can currently only file an application for SSDI. Additional steps are necessary in order to complete an SSI application. Failure to apply for SSI can result in loss of potential financial and medical benefits.

I normally use the online application process to complete applications in my office. This allows my staff to review the information being submitted and confirm its accuracy. It is important to note that after you complete an online application on SSA’s website, several additional documents still need to be submitted before your application is actually complete. If you fail to submit all documents, your application may never be processed and you could lose potential benefits and even eligibility. If you need help filing an application for disability benefits, contact my office so I can determine if I can assist you.

Be Careful Using Social Security Online Resources without Help

Although I applaud SSA for embracing technology and using it to be more productive, many risk are involved with the online tools that have been made available. I recommend that individuals strongly consider scheduling a consultation with my office before pursuing Social Security disability benefits or appealing disability denials using the online tools.

The value of the free initial consultation is that there is no obligation when consulting my office for help. SSA Online services are helpful for individuals to educate themselves and obtain general information, but the services introduce inherent risks that were not present when you were required to interact with an SSA claims representative.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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Social Security Administration District Office Responsibilities

When you apply for benefits (either directly at your local Social Security Office, by telephone, or on the Internet), your application is processed at your nearest Social Security Administration Office. The local office is responsible for determining if all required materials have been submitted, and checking for your eligibility for every disability program that the Social Security Administration administers. Although the Social Security Administration will accept any medical evidence that you have with you, the local office does not actually review your medical records or request additional records that are needed to determine your medical eligibility.

The main role of your local Social Security District Office is to process your application when you apply for benefits, and to process your decision. To determine your non-medical eligibility, your local Social Security Administration Office reviews your work history, your current financial status, and in some situations information about your spouse, deceased spouse, ex-spouse, and/or your parents. The local office also assist you in determining the correct date to use as your alleged onset date (the date you became unable to work) and in completing forms that are needed to make the medical determination on your claim. Once all the information is received by the local office, a determination is made of whether you meet the non-medical requirements for at least one disability program. As long as you qualify on a non-medical basis for a disability program, your file is transmitted to the Disability Determination Service for a medical eligibility decision.

Disability Determination Service Responsibilities

The Disability Determination Service is a State Agency contracted by the Social Security Administration to determine your medical eligibility for disability benefits. The Disability Determination Service is funded by the Federal Government, and its employees are trained in applying Social Security Administration Regulations and operating procedures. Although each State has its own Disability Determination Service, the medical requirements to be found disabled are the same throughout the United States.

While your application is pending, it is usually in your best interest to provide information directly to the Disability Determination Service (unless it is requested by your Social Security Administration Office). If medical updates or other information is needed to determine your medical eligibility, you will receive a phone call or letter from the Disability Determination Service requesting the information. If you submit any information directly to the Social Security Administration Office, it is supposed to be transmitted to the Disability Determination Service for consideration; however, since your local Social Security Administration Office and the Disability Determination Service are rarely in the same location, it is in your best interest to provide information directly to the Disability Determination Service.

Processing after Medical Determination is Made

Once a medical decision is made on your claim, your file is transmitted back to your local Social Security Administration Office for processing. If you are denied benefits, a denial letter is issued on Social Security Administration letterhead explaining the evidence that was used to deny your claim and why you do not qualify for benefits. If you file an appeal, your local Social Security Administration Office is responsible for processing your appeal and transmitting your file to the proper location for further consideration of your disability.

If you are approved for disability benefits, the local Social Security Administration Office again confirms that you meet the non-medical requirements (based on the medical approval), and your payments are calculated. If you are only eligible for Social Security Disability Insurance or Widow/Widower’s Disability Benefits, your benefits are processed in a national payment center and a Notice of Award is issued. If you qualify for Supplemental Security Income Payments or you also receive Workers’ Compensation Payments, additional information must be provided to your local Social Security District Office before your benefits and award notice can be released.

What the Social Security Administration District Office Does Not Do

The most important thing to understand about the disability determination process is that your local Social Security Administration Office is not responsible for the medical determination of your disability. Opinions given on the strength of your claim at the local office are not relevant. Many of the Claims Representatives do not even fully understand the rules to be found disabled (nor should they be required to). Statements by Social Security Administration employees advising you to not pursue benefits, do not bother appealing your denial, you do not need an attorney, or there is no reason why you will not be approved, are not usually supported by facts. The Social Security Administration Claim’s Representatives are not supposed to provide you legal advice on how to pursue your claim, or discourage you from filing an application if you meet the non-medical requirements. Even if you do not currently meet the non-medical requirements, you may still qualify based on your status from the past.

Ask for Help Understanding the Process

I personally represent individuals at all stages of the Social Security Disability Process. One of the benefits of having an attorney assist you with your disability claim is that I eliminate the majority of your personal contact with the Social Security Administration District Office. Although all of the Social Security Administration employees that I work with are dedicated hard workers, I hear too often from my clients that they are misled or confused by information provided by the Social Security Administration Office. Based on my experience on all aspects of the Social Security Administration Disability Process, I am normally able to assist you in understanding and navigating the process while providing you with a better chance of being approved for disability benefits.

If you are considering applying for Social Security Disability Benefits, or you are already in the process of applying for benefits, I normally recommend that you contact an attorney to discuss your specific claim. If you are confused by the process, or believe that you have received misleading information, it is important to discuss your unique situation with an attorney that is experienced in the Social Security Administration Disability Process.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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• If a potential client has been denied benefits, the date on the denial notice and a copy of the Social Security denial notice (if an appeal has already been filed, I also ask for a copy of the receipt that was provided by the Social Security Administration);
• Copies of all documents that have been received from the Social Security Administration and copies of any medical records that the individual has (an individual does not have to request medical records prior to an appointment, but if they already have medical documentation, reviewing the records helps me determine if the individual’s physicians are supportive);
• Information about any income the individual receives, and/or any income the individual’s spouse or significant other receives (this includes all monthly payments received from any source, for example: public assistance, workers’ compensation, unemployment benefits, disability benefits, or any other Social Security payments received);
• The date that the individual stopped working full-time as a result of their medical condition, and information about any attempts at work since they last worked full-time;
• The individual’s medical diagnosis, and a description of the symptoms that prevent the individual from working (the limitations that are experienced as a result of the medical conditions are often more important than the actual diagnosis);
• Names and phone numbers for every doctor that the individual has seen since 12 months prior to the time they stopped working;
• Approximate dates that the individual began treatment with each doctor they are treating with, the date of their last visit, and the date of the next scheduled appointment;
• A list of any tests that that an individual has had performed and the approximate date of the test;
• Dates of any inpatient hospital visits or any emergency room visits;
• Dates and descriptions of any surgeries that have been performed;
• A list of all the medications that the individual is currently taking;
• A list of jobs that the individual has performed for the past 15 years; and
• Names of any other attorneys that are representing the individual for any reason (including Workers’ compensation, Personal Injury, Family Court, and Criminal Matters).

The information specified is needed to help determine if I can assist a potential client with their Social Security Disability/SSI claim. By compiling the necessary information prior to an appointment, I am able to make a more informed decision if I can help the individual. The more information that is available when I first meet with a potential client, the more likely it is that I can make a decision about representation during the initial appointment.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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