At Osterhout Berger Disability Law, we’re here to help you through the entire process of filing a disability claim with the Social Security Administration and appealing the claim if the decision isn’t in your favor. We’re proud to represent our clients, and we would love to show you how we can help you win your disability case. We’re proud to serve clients in Allegheny County, PA.
Applying for SSD Benefits
When you need financial help because you’re disabled permanently or have a disabling illness or injury that will make it difficult or impossible for you to work for a year or longer, you should look into what you need to do to qualify for SSD benefits. Osterhout Berger Disability Law has a total of 50 years of combined experience between all of our attorneys, and we’ve helped thousands of individuals obtain the disability benefits that they need.
The first step of the process is to decide if you want to apply alone by going into your local Social Security Administration office or applying online at home. Some people like the convenience of applying online, but other people want to have someone available to answer their questions, such as the Social Security office workers. But if you want someone with experience who is invested in helping people get the disability benefits that they need, you should call Osterhout Berger Disability Law. We know how to optimize the chances of you getting the SSA disability benefits that you need.
When you apply for benefits, you’ll need to fill out basic information, including work history and general medical problems. The Social Security Administration will also need access to the list of doctors that you’ve seen for your condition and any hospitals that you’ve had tests at, been admitted to, or seen any doctors at. You’ll need to sign a release form so that the hospitals and clinics are legally allowed to release your medical records. Finally, you could be asked to occasionally fill out forms that tell about how your symptoms affect your daily life and ability to work.
While not everyone needs to go through this process, some people will have to go to a consultative exam, which is an exam that’s done by a doctor that the Social Security Administration chooses. Often, the SSA needs more information about your condition and how it affects you on a daily basis. If you are told to go to this exam, you must do it if you want the opportunity to receive disability benefits through the SSA.
Appealing a Denial
Even when you fill everything out on the claim properly, it’s still possible to get a denial. In fact, about 75% of claims are initially denied, but you have the opportunity to appeal. With a disability attorney from Osterhout Berger Disability Law, there’s the possibility that you could win the appeal.
There are a number of reasons why your claim might have initially been denied in error. For instance, if the Administrative Law Judge (ALJ) made an error when initially denying your claim, it might be possible to overturn the ruling. There are a few reasons why the ALJ might have made the error, including if they missed a recent court ruling at the federal district court level that would change the outcome of your case.
One of the most important things that you need to remember while going through the appeals process is that you have 65 days from the time of the last ruling on your case. So in the case of your claim’s initial denial, you’ll have 65 days to make the first appeal, which will go before the Appeals Council and is the only appeal step within the Social Security Administration.
If your appeal to the Appeals Council is denied, you could still have one more appeal option. You might be eligible to take your case before the federal district court, but you’ll need to file the paperwork within 65 days of your denial.
You should also have a basic understanding of what an appeal is and what it’s not. An appeal isn’t an attempt to show that you have a particular condition that disables you, nor is it an attempt to give further evidence to how it affects your everyday life. Instead, the purpose of the appeals process is to show that there was a mistake made in your case. It might seem like there isn’t much of a difference, but this difference pertains to the types of information and evidence that you’re allowed to put forth to the Appeals Council or judge at the federal level. You can bring forth evidence that a piece of information that you presented in your case was misjudged, but you can’t bring forth new information about your medical condition, usually. The only time that you might be able to bring forth new medical information is if there was information that you didn’t originally put in your claim because, at the time that you made your claim, the piece of information wasn’t part of the criteria for receiving benefits.
What We Do To Win Your Case
When you hire Osterhout Berger Disability Law to help you make a claim or appeal, there are several things that you can expect from us. First of all, we’ll regularly communicate with you about the status of your claim. We use text messages, letters, phone calls, and email to keep you informed.
You’ll also get a full explanation of the process when you contact us and start the process of filing your claim or appealing your denial. We’ll continue to explain the process throughout the time that you’re making your claim or appeal because we understand that this is a confusing but important time for our clients, and you can ask us follow-up questions whenever you need to.
We also work with our clients through the process to build the case, and we help you build your medical evidence. We also ensure that all of the medical evidence is submitted to the judge before the time of the hearing. Plus, we’ll remind you to go to your medical appointments and to continue with your treatment plan.
Preparing you for the hearing is one of our primary jobs. We never want you to feel like you’re unprepared for a question, so we’ll go through all of the questions that you’ll likely be asked so that you have an answer ready. We continue to take care of you by representing you on the day of the hearing because we understand the legal jargon and the process.
Finally, even when we do everything that we can to win a claim, there are times when we’re denied. We’ll start the claim process right away if we determine that this would be to your benefit.
What You’ll Need To Do
While we do everything possible to make the process simple, there are some things that we need you to do to ensure that the process goes smoothly. First of all, we need you to return phone calls, text messages, and other forms of communication that we send. Some things are time-sensitive, and we need your approval before moving forward. For instance, you’ll need to sign paperwork for hospitals to release your medical records, and you’re the only person who is legally able to do it.
We also need you to comply with your medical treatments and continue to go to all medical appointments. When you fail to comply with treatments or go to appointments, it sends the message that your condition isn’t actually as disabling as you claim. Otherwise, it could send the message that treatments haven’t been exhausted and that the treatment that you’re supposed to be receiving could make you competent to work. For instance, if you’re caught walking on a leg that you supposedly can’t use, or if it’s found out that you haven’t been taking medication, this could send a message that could impact your claim or appeal. Your doctors might also be asked if you’ve attended all of your appointments, and they might have to tell that you haven’t gone to some of them.
How We Can Help
There are several ways in which the team at Osterhout Berger Disability Law can help you receive the benefit you deserve. We help individuals who need to…
- Apply for Social Security Benefits and want to ensure everything is done right the first time
- Appeal a denial of Social Security Disability Benefits
If you are facing one of these situations, please do not hesitate in reaching out. Our team of experienced attorneys are here to help, and your consultation is free.
