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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• 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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I normally use the same structure for all of my Social Security Disability/SSI consultation appointments. What is surprising to many individuals that meet with me for the first time is that I normally spend 10 to 15 minutes reviewing information that is not viewed as being directly related to an individual’s disability. This information is ultimately important because it allows me to determine whether an individual qualifies for any Social Security Disability program.

1. I Determine the Individual’s Current Status

I begin all my appointments by determining where an individual is in the Social Security Disability Process. If the individual was denied benefits, I begin by reviewing the denial notice. The denial notice provides information on the next available appeal, the deadline for filing an appeal, the evidence that was used for the determination and the programs that the individual applied for.

If the individual is still working, I need to make a determination of whether it is possible to apply for benefits immediately, or if the person must end or reduce employment first. If the individual has not applied for benefits, I help determine if a disability application is appropriate.

2. I Compile General Information and a Medical History

After I determine an individual’s current status, I obtain details that help me determine if they qualify for Social Security disability benefits. I begin by reviewing the nonmedical requirements of the Social Security Disability programs. I obtain information about current income, resources, and income/resources of a significant other or spouse. I ask for information about the individual’s work history and past earnings. With this information, I am able to determine if a potential client meets the nonmedical disability requirements.

If an individual qualifies non-medically, I obtain details to determine if they meet the medical qualifications for Social Security Disability. I determine how the disability began, when an individual last worked, and how the individual decided to stop work. I ask why an individual remains unable to work. Although I am concerned about why an individual initially stopped working, I am equally concerned about why they are unable to return to work. If an individual’s condition has improved since they last worked, I explore the possibility of pursuing benefits for only a limited period until the improvement occurred.

I ask potential clients to provide me with a list all their medical impairments/conditions. I ask that conditions be included even if they are not directly related to the reason that the individual stopped working. I ask the individual to describe how the medical conditions affect their ability to perform activities, and ask for limitations that they experience because of the condition. It is important that the individual provide details on both physical and mental symptoms they experience.

After details are provided about the medical condition, I ask for details about the treatment. I ask for the name of every Doctor that has been seen, and any medication being used. I ask about past surgeries, hospitalizations, physical therapy or any other treatment that has been received. I normally want details of all treatment since at least one year prior to the date that the individual last worked.

3. I Describe the Disability Requirements and the Disability Process

After compiling information about the medical and nonmedical requirements of the Social Security program, I focus my attention on educating the potential client. I explain what must be proved in order for an individual to be approved for benefits, and discuss the disability process. I review the general waiting time for a decision and the average approval rates at each level of the Social Security Disability process.

If I perceive any potential problems, I also discuss those with the individual. I explain the impact of noncompliance and substance abuse, and I review the importance of regular treatment and specialist care. Finally, I discuss the likelihood of success based on my experience.

4. I Decide if I Will Offer my Representation

Information that I previously gathered helps me ultimately decide if I am willing to represent an individual. Although ideally I would represent every individual I meet with, it must be acknowledged that not every person that applies for Social Security disability benefits is disabled. I use my experience and knowledge of the Social Security disability program to make an informed decision on whether a potential client will benefit from my assistance.

If I am unable to help an individual, I provide an explanation of why I cannot assist. I provide recommendations for other courses of action, and explain how to better document their condition for future success. If I think I may be able to help in the future, I provide detailed instructions of the actions that must be taken before I can meet with the individual again.

If I am able to offer my representation, I describe the services that I will perform on behalf of my potential client. I explain the initial actions that I would take, and describe the actions that I expect to occur in the future. I review the fee agreement, and explain what costs may be associated with the claim. I provide advice on steps to be taken to improve the likelihood of success and answer any questions that will help an individual decide whether they would like my assistance.

5. The Potential Client Decides Whether to Accept my Representation

After I have decided that I can represent an individual, it is up to the individual to decide if they would like my help. The potential client must decide if the services that I have offered would be valuable to them in the disability process. The decision must be made of whether the individual is comfortable with my office, and whether they believe that my services can have a positive impact on their disability claim. The structure of my consultation appointment is designed to make the decision on hiring me easy for the potential client. I lay the groundwork so that there are relatively few questions left after I have offered my representation.

If an individual decides to accept my representation, a number of forms are signed. I review the forms with the individual and explain why they are needed. I provide a written fee agreement to my new client and take any steps that are necessary to continue the Social Security Disability process.

6. Final Thoughts on the Social Security Disability/SSI Consultation Appointment

It is important to realize that my decision on offering representation is not based on judgments of the potential client as a person. Since I represent individuals on a contingency fee basis, I must be realistic and honest when evaluating claims. My goal is to provide an honest assessment of the disability claim, make potential clients comfortable with the process and to set expectations of the services that will be performed by my office.

If you are facing the Social Security Disability process, I highly recommend that you consult with an attorney.

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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