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www.iwantmydisability.com

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Disability Appeals

Appeals

Our firm’s s ability to obtain your disability benefits at the earliest point in time is unsurpassed because we aggressively take all measures as soon as possible to strengthen your claim. These efforts not only help force the insurance company, union, plan trustees or the Social Security Administration to reverse its decision to deny or terminate disability benefits, but also strengthen your case if a court has to review the records in litigation. We know what medical and vocational information will help present your claim in the best possible light, making it as difficult as possible for disability benefits to be denied or terminated.

Group and Individual Disability Appeals

If your potential disability benefits come from a group disability or pension plan at work, then it is probably gove rned by ERISA, which is an acronym for the Employee Retirement Income Security Act. The courts and Congress have recognized that ERISA is a very complicated law, and there are strict time limits for acting. Insurance companies take advantage of ERISA’s complexities to deny and terminate disability benefits. For example, insurance companies do not help claimants perfect their appeals, and if the claim needs to be litigated, the claimant may be precluded from submitting important information to the court. Moreover, the insurance companies frequently do not have to prove that it made the correct decision, only that it made a reasonable one.

If your disability coverage is through an individual insurance policy or a group plan that is not governed by ERISA, then we can handle your voluntary appeal with the insurance company, union or plan administrator, or we can proceed directly to litigation. The sooner you get us involved, the more likely we can prevent your benefit denial or termination from being rubber stamped on appeal. We will explain to you the pros and cons concerning a voluntary appeal and litigation, and let you chose how you want to proceed.

Social Security Disability Appeals

If you have worked for several years, you probably are covered under the Social Security Disability program. The government initially denies most disability claims, so it is critical to provide it with the necessary evidence on appeal. Your entitlement to Social Security Disability benefits varies depending upon many factors, including your age and work experience in addition to your medical impairments.

If your application is denied, or if your benefits are terminated after a continuing disability review, then you will need additional medical and vocational evidence to succeed on appeal. After your initial denial, you only have about two months to request an appeal. Therefore, it is important to consult with an attorney promptly. While requesting a timely appeal will expedite the appeal process, you should not give up simply because you missed the deadline. Under many circumstances you can file a new application that may reopen your prior denied application, which may avoid the loss of entitlement to any disability benefits.

The process of appealing can take more than one route. The typical route is a hearing where an Administrative Law Judge (“ALJ”) will hear your case. The ALJ may bring in a medical and/or vocational expert, and it is important to know how to cross examine those experts during the hearing. It is also important for your lawyer to know what questions to ask you and your witnesses during the hearing so that evidence which is helpful to your case will be preserved on the record if the ALJ denies your claim for disability benefits.

Sometimes a hearing can be avoided by submitting a request for a fully favorable decision on the existing record. This request is a written submission that generally summarizes the legal, medical and vocational arguments that support awarding disability benefits. If the request is granted, then there is no need to proceed to a hearing. If the request is denied, then you can still have an ALJ hear your case.

If the ALJ denies your disability claim after a hearing, then you may ask the Social Security Appeals Council to review the ALJ’s decision. The Appeals Council can grant your application which is rare, or may remand your case to the ALJ for another hearing. Common reasons for a sending the case back to the ALJ are that the ALJ overlooked, failed to obtain or improperly assessed evidence. Upon remand, you or your attorney need to address the basis for the remand at the new hearing before the ALJ. The Appeals Council can also agree with the ALJ’s decision not to grant disability benefits, in which case, your final recourse is Federal Court.

You cannot go to Federal Court until you have exhausted all of your administrative remedies. Once in court, your case is normally decided on the administrative record that the Social Security has compiled. The court decides the case by reviewing each side’s legal briefs. Generally, the Social Security’s decision to deny or terminate disability benefits will be overturned only if it is unsupported by substantial evidence. Therefore, it is best to get an attorney involved much earlier in the process. If the court denies your claim, then there is no further appeal. The court may reverse Social Security’s decision and award disability benefits or remand the case to the Social Security Administration for further administrative review. The entire process up to this point can take years, which is why it is advisable to contact us earlier in the process so we can improve your chances of succeeding prior to litigation.

Disability Law Blog

ALJ Carlton Reversed Again

Administrative Law Judge (“ALJ”) John Carlton  denies most cases Social Security Disability (“SSD”) cases because he bases his decisions on...

Hartford Breached Its Fiduciary Duty

Hartford Life, as claims administrator of a long term disability (“LTD”) plan, relies on claim procedures, which the Second Circuit...

Excuses Excuses

By Susan Golden The number one question we get everyday is, “How long will it take to get a decision on...

Testimonials

I haven’t gotten a chance to thank you for everything you and your staff did for me and my family.   I can’t thank you enough.  It really means a lot to me.  I know you and Susan Golden worked countless hours on my case with numerous emails and phone calls.  In the beginning I was a little skeptical and nervous going through the social security process but in the end we prevailed and this really separates you from other attorneys that are in it just for the business.  Your compassi… Read more
A.D.
Just wanted to thank you again for helping me with my case. With me being very impatient with the whole SS process, you always talked me off the ledge and reassured me that everything was going to be fine. I know I can never thank you enough. I wanted you to know how appreciative my wife and I am for all the hard work that you guys did for me. I do now and always will continue to recommend Mr. Delott to anyone needing help. Have a nice day.
M. A.
“From my initial consultation with Jeffrey Delott, I was immediately impressed with his knowledge of Social Security Disability. From day one he always answered my questions or concerns I had and always explained what to expect in detail. I did receive my benefit and was glad that I used him as my attorney.”
I. F.
I just wanted to thank you again for helping me with getting my disability. I was vacillating with my decision to apply knowing that I needed to, but kept wavering as i felt I must be able to work at something. Left to my own devices I would probably still, be working on the application. With your help we progressed in a timely manner and I should be receiving my first check this month. Thank you again.
M.J.M.
“When my friend referred me to your firm, he mentioned how pleased he was with how you and your staff handled his case. I agree. It is so important that you have the proper representation when you become disabled.”
C. W.
Jeffrey came highly recommended by a friend of mine who had used his services and been approved. Not only did Jeffrey help me with my SSD claim he also helped me with my LTD and pension disability. He dealt with me personally and always kept me informed. he is extremely knowledgeable and responds immediately to an questions i had. His staff is extremely helpful and I know I will always get a return phone call very quickly. I would highly recommend him – he really knows his stuff and i appre… Read more
The best disabiity attorney
“Mr. Delott was extremely knowledgeable, supportive, patient and professional. He helped me every step off the way- never giving up and always available for questions and advice. I was able to secure an award quicker than anyone thought thanks to his detailed service and determination! Highly Recommended!”
L. S.
“I could not believe how quickly my case was approved. If it were not for all your hard work and dedication I know I would not have had this quick and favorable outcome. I truly appreciate you walking me through this complicated process, and taking the time to answer all of my many questions.”
N. D.
I want to thank you for the sensational work you did in winning my disability appeal. Your professionalism, and that of your staff, were notable throughout your representation of me.
S.P.
“I want to thank you for being so professional, compassionate, thorough and knowledgeable about your field. I cannot express my gratitude enough. You are the best.”
U. P.
“I was certain I made the right choice hiring Jeff Delott from the very beginning, and my certainty was consistently validated every step of the way. Jeff kept me informed, always responded personally to my concerns within 24 hours, and was a relentless warrior on my behalf. Jeff understands why you need his services, and he treats you with respect while aggressively and expertly handling your situation.”
M.C.
From the onset of working with Jeffrey Delott, I found him to be efficient and knowledgeable. He was very understanding about my situation and easy to talk to.. I am extremely satisfied with the results I acheived working with Jeffrey Delott’s firm.
N. R.
I cannot begin to thank Mr. Delott for his outstanding commitment to securing Social Security Disability for my husband, Andrew. When my husband was first diagnosed with early onset Alzheimer’s, I was not only overcome with the grief of his disease but facing the reality of financial disaster due to his inability to work. My husband was only 59 at the time of his diagnosis. It was through sharing my situation with my co-workers that Mr. Delott’s name was given to me as a referral, and the… Read more
M.C.
“I will never forget when I was originally denied benefits for Fybromyalgia,Jeffrey Delott told me not to worry, he assured me that I will be approved, he said it might take some time but I will get my benefits. Thank you so much, your aggressiveness and knowledge make you the best at what you do.”
L. J.
I really don’t know what I would have done if I didn’t have Mr. Delott and Susan Golden.  I’m so happy to be receiving my SSD benefits and have money.  I never met such honest people who work in a law firm.  They truly care and help.  I would say if you need a SSD lawyer please call this office ASAP.
D. Z.
Thank you for winning my SSD case! I was at a major crossroads in my life after I was no longer able to work. I did not know where to turn or what to do and the stress was taking its toll on my self and my wife. I was both overwhelmed and scared to death with the thought of having no income and no hope of ever earning a living again because of my illness. I would recommend Jeffrey Delott to any person who needs a disability attorney and wants to win. Jeff and his staff always “kept me in th… Read more
D.V.
Thank you for your help and support in attaining the benefits my husband was due. We will be able to pay our bills and expenses, and will definitely be able to sleep better at night. We will definitely recommend you for legal matters.
W. R.
I wanted to express my gratitude to you, for winning my Social Security Disability Insurance (SSD) claim. Though my words will never truly match the abundant respect and appreciation I have for your firm’s skill and careful handling of my SSD case, I thought I should, at the very least, begin with this letter. I originally hired another SSD attorney to represent me on my claim; my claim was mishandled by that attorney’s office and consequently denied. At that point I was already out of… Read more
S.M.
“Jeff Delott really knows his stuff. His professional advice and guidance were extremely valuable in helping me to navigate through the overwhelming amount of red tape involved in obtaining SSD.”
A. N.
Thank you very much for all your help. You were very kind. I recommended my neighbor to you. I’m sure you’ll help him too! Thanks again!
M.B.
Thank you for all your hard work and dedication. Your knowledge and guidance helped bring comfort to me and my family during a difficult time. You were always available to answer my questions and offer your advice and support. In my mind, there is only one disability lawyer and that is Jeffrey Delott.
G. G.
I’m not the type of person that sits and sends letters out to people, but everyone at The Law Offices of Jeffrey Delott Law was professional and responsive to me. I’m still amazed at the speed and efficiency in which my disability case was handled from start to finish. I can’t thank you enough.
B.T.
“I have recommended you in the past and I will continue to do so!”
L. Z.
“I contacted Jeff Delott over the internet and within 24 hours he contacted me by phone. Mr. Delott was extremely knowledgeable and upfront about what records I would need to produce to win the case. I had filed for SSD by myself and was denied twice. With his expertise he had it overturned with a fully favorable decision within a few months and I did not have to go in front of an ALJ. He was very responsive throughout my case and he did not give up! I would highly recommend Jeff Delott to … Read more
D. G.
“I can’t say enough about Jeffrey Delott . His knowledge and aggressiveness helped me get my LTD benefits started in a matter of days after weeks of unsuccessful attempts alone. Thank You!.”
K. M.
Jeffrey Delott did an amazing job for me. Mr Delott applied for SSD and for my private LTD for me. There was continual communication between Mr Delott or his assistant Susan with me almost on a daily basis via email, telephone, or regular mail. Then after only five months into the process I received a call from Mr Delott saying that I was approved for both SSD and my LTD on the same day. After speaking with friends and reading horror stories online about how the process can take up to 2 yea… Read more
H.D.
“From the moment I hobbled into his office, Jeffrey was quite clear on how he would attack the inaccuracies and inconsistencies of several reports of Hartford people. I couldn’t help crying when Jeff told me my benefits were being reinstated because I was so overwhelmed with joy and shock. I never win anything. I know this could never have happened without the aggressive skills of Jeff.”
A. B.
Thank you so for taking my case when nobody else would. Thank you for seeing that I had a case when no other lawyer would touch me. Only you saw that there was hope. I can’t thank you enough for taking all my calls through all my doubts. You are indeed a great savior. I will recommend you to anyone who asks.
B.L.
“Jeffrey Delott has been considerably successful in obtaining my disability far beyond my achievement and I TRULY THANK him for his gallant efforts.”
L. W.
Jeffrey Delott’s Law office was dedicated to getting my S.S.D. benefits. They were always patient and eager to help me. I was treated kindly and honestly and highly recommend using Jeffrey Delott to win your case. “From the moment I had my first conversation I knew I was in very good hands, and felt confident that I would have a favorable outcome. Whenever I had a question or concern it was answered right away. I highly recommend Jeffrey Delott and his staff to represent you for any disabil… Read more
R.D.
I applied for disability on my own and was denied. I was referred to Mr. Delott and couldn’t be happier with the outcome of my case which was approved. Mr. Delott is the most knowledgeable, efficient attorney who gave his undivided personal attention and guided me every step of the way. You won’t find a better disability attorney.
Highly recommended Disability Attorney
I am an attorney who suffered a permanent disability. Once disabled I had to decide whether to represent myself in a petition against the Social Security Administration or to retain another attorney to pursue the claim on my behalf. As an attorney I had access to the court system. As a result I was familiar with administrative judges, court clerks, attorneys and other persons employed in the field of disability law. If you want to know who are the best and brightest attorneys in any fiel… Read more
A.C.
“I found Jeff to be relentless in his determination to get my case settled quickly. He succeeded in a matter of months. When I had spoken to other lawyers they would tell me it could take two years. I recommend him to anyone who wants a lawyer who will go all out for you and be there every step of the way.”
T. B.
“I strongly suggest that people who are in need of SSI or SSD benefits get in contact with you guys. I did not think I would be approved in such a short period of time. Mr. Delott was very professional, he knew his job and the system very well, and he kept me informed at all times. He and his staff will take care of everything. I am very, very, very happy with the results. I am a disabled veteran, and this was the best thing that could happen to me. I recommend and suggest that you give Mr.… Read more
R. S.
“Jeffrey Delott has the utmost ethical standards of any lawyer that I have dealt with. He possesses all of the assets necessary for success — honor, dignity, and sincerity. I will continue to refer him to friends and family. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and was always available to answer my questions no matter how silly they might have been.”
S. F.
It has taken me time to think about what to say to you for all the compassion and hard work you have done for me. You called me to appraise me of every step I needed to take and at what point my case was at. Whenever I had a question or concern I would call you, If you were unavailable you did call me back ASAP. You heard me cry, you listened when I was at financial brink, you knew my pain was real. You did not treat me like I was a piece of paper coming across your desk and another case to… Read more
P.C.
“Thank you for all of the excellent work you did on my behalf to help me win my appeal for long term disability benefits. Throughout that difficult time my comfort was knowing that I had the best attorney on the job. Your foresight of all possible contingencies and your proactive approach really helped me to get a handle on the many documents and doctor’s visits required to put forth the best possible case. You put your incredibly thorough knowledge of this area of law to its best use every… Read more
B. K.
I want to express our extreme appreciation for all your hard work and determination you put into winning my disability case and the settlement from The Standard.  We couldn’t have done any of this without you, your knowledge, and expertise.  I am now able to concentrate on my health.
S.H.
Hands down he is the best Disability Attorney around. He is extraordinarily knowledgeable and successful and gives you personal attention unlike you would get from a large firm like Binder and Binder.
Best Disability Attorney

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This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.

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