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Social Security Disability

Social Security Disability (“SSD”) benefits are available to people who have paid taxes to a Social Security account that earn “quarters of coverage.” To meet the required number of quarters, an individual usually must work five out of the last ten years, and there are special rules for younger people. You must establish that you became disabled before your quarters of coverage expire, which is your date last insured (“DLI”). Just because your DLI has expired does not mean you cannot qualify for SSD benefits. To see if you have earned enough quarters to be eligible for SSD benefits, the amount of your estimated monthly benefits, and your DLI, see my June 10, 2012 blog entry entitled, “How Much Will Social Security Pay You?”

Are You “Disabled”

To be eligible for SSD benefits, you must show that you are “totally disabled” by a physical or mental impairment (or a combination of impairments) severe enough to prevent you from working for at least twelve months. It does not matter if you can find a job, only whether there are jobs available that you could perform. Depending upon your age, education, and work experience, you may not have to prove that you cannot do all types of work. You can be denied even if your doctor says you are disabled because that statement by itself is not enough to establish you total disability under the Social Security rules and regulations. Social Security defines disability differently than Workers Compensation does, and you can be turned down for SSD benefits even if your doctors and Workers Compensation find you disabled. You should contact an attorney as soon as you become unable to work. If you have applied on your own and were denied, you should contact an attorney immediately so they can start preparing for your hearing, increasing your chances of winning. You may represent yourself, but statistics show that people represented by an attorney are approved significantly more often than people who are not.
Our Fee
We only get paid if you are approved, so there is no up front fee.

Applying
Social Security may tell you that applying for SSD is easy. Starting the application process may sound easy to some, but most people find the paperwork and phone calls in connection with applying for SSD benefits to be confusing and overwhelming. More importantly, even if the application process was easy, getting approved for SSD benefits is hard. In fact, the majority of people who apply on their own are denied because they make mistakes.

To file an application for SSD benefits, just call us and we will help you with everything. Nobody who practices regularly in this field has a higher winning percentage than us. We don’t get paid unless you get approved for benefits. If possible, before calling us, you should prepare a list of your doctors, your work history for the last 15 years, and a print out from your pharmacy since your disability onset. Social Security will use an authorization form SSA-827 to ask your doctors for your treatment records, but they are usually insufficient to win SSD benefits. We will help obtain the additional medical and vocational evidence for your application. We will ask you to sign an Appointment of Representation form, which allows us to discuss your claim with them.

You can apply in person at your local social security office. However, there are many downsides to applying in person. Interviewers can make personal observations that can be used against you. The wait for a Social Security representative to help you can be long, and simply traveling to your local office can be taxing on you physically or mentally. Most importantly, providing incorrect, inadequate or ambiguous information can delay or prevent you from getting approved for SSD benefits.

State Agency Denials
The initial SSD decision is actually made by a State agency, not Social Security. The State agency frequently fails to apply the Social Security rules and regulations correctly. We increase the chances of your getting approved because we can help minimize the likelihood of the State agency making an error in connection with your application. And if you are denied, when we appeal to Social Security, we will be able to highlight the errors that the State agency made. It is important to appeal a denial within sixty days of receiving your Notice of Disapproved Claim.

Requesting a Hearing
If your SSD claim is denied, and that includes being denied after reconsideration in some areas outside of New York, you are entitled to request a hearing before a Federal Administrative Law Judge (“ALJ”). It is very important during this appeal that the individual’s medical records be thoroughly compiled and organized. They should be presented to the Administrative Law Judge in a clear and concise way, highlighting the appropriate Social Security regulations.

The wait for a hearing can be many months or even take years. In the interim, we have direct access to the hearing office docket status, and can help make sure that the case proceeds through the various steps prior to the hearing. One way to avoid a hearing altogether is by requesting an on-the-record decision (“OTR”). We also have direct access to the Social Security efolder, and can view the records that will be used as exhibits at your hearing. By reviewing the efolder, we can tell what records were omitted from the efolder, which happens quite frequently, what errors the State agency made, what additional medical or vocational evidence is needed, or if an OTR would be appropriate.

The Hearing
I have handled thousands of hearings, and in my opinion it is the most complicated stage of the appeal process. The ALJ who presides over your hearing will take your testimony under oath. We will thoroughly prepare you for your hearing well in advance so you will not be nervous about it. The hearing is private, and usually is held in a small room with only the ALJ, the hearing assistant, you, your attorney and witnesses. The ALJ may also call a medical expert, vocational expert, or both to testify. Cross examining the experts can be the most critical part of the appeal process.

All the medical records that have been submitted will be admitted into evidence, and any objections must be placed on the record. You must explain to the ALJ all of the limitations that make it difficult to work on a sustained basis. The ALJ will ask questions about what you do when you are not working to see if that shows you could work. I usually find it necessary to ask claimants additional questions after the ALJ to clarify testimony that may appear adverse a disability finding. For example, you may tell the ALJ that you can cook, and then I have to ask questions to make clear that cooking is not an activity that can be sustained.

The ALJ Decision
Most of the time, the ALJ will not tell you at the hearing if you are being approved or denied. Most ALJs send a written decision in four to six weeks, but others are notorious for taking many months, and even insisting on supplemental hearings. If the decision is favorable, you should begin receiving benefits shortly after receiving a Notice of Award that explains the benefits you will receive.

There is a full five month waiting period from the date you are found disabled before you are eligible to receive SSD benefits. If you have minor children, then you may be entitled to receive an additional monthly benefit for them. After you have received SSD benefits for 24 months you can receive Medicare coverage. If the decision is not favorable, then you have 60 days to appeal by requesting the Appeals Council to review the ALJ’s decision.

Appealing an ALJ Decision
You can request Appeals Council review in 60 days by completing and submitting form HA-520. You can submit new evidence, and explain the reasons why the ALJ erred. The Appeals Council can approve benefits, decide not to review your appeal, or send your claim back to the ALJ for another hearing. Your chances of success are increased if you can cite the Social Security Rulings and other laws that support reasons why you say the ALJ erred.

Appealing an Appeals Council Decision
If the Appeals Council rejects your claim, your final appeal is commencing litigation in federal district court. You only have 60 days to file the lawsuit.

Many if not most attorneys who handle SSD claims do not litigate cases in federal court. I do, and have been a litigator for over a quarter century, and other SSD attorneys ask me to take over their cases when the Appeals Council denied review. Knowing what the courts have held in other cases not only is required for your lawsuit, but also helps you to present a better claim at the prior stages of the application process.

When filing the summons and complaint with related court documents, you must send us copies by certified or registered mail to Social Security’s Office of the General Counsel that handles the area where the Complaint is filed. The U.S. Attorney’s Office represents Social Security in the litigation. After the U.S. Attorney files the certified record and Answers your Complaint, the parties generally file summary judgment motions that discuss the facts and laws. Your legal briefs need to explain how Social Security misapplied or overlooked the law, including the POMS, Rulings and Regulations, and HALLEX and why the case law supports your arguments.

Hire Me, Not Binder & Binder
I was the Senior Litigator for Binder & Binder, and handled their most complicated cases. If they were the experts in this field, then I was the expert for the experts.

Binder & Binder gets its clients by spending millions of dollars on television advertising, and it produces thousands of clients. They may have won more cases than anyone, but they have also lost more. They run their practice as a business; they don’t call themselves a law firm, and you will have difficulty speaking with an attorney. I get my clients through referrals, and every one of them is important to me. People retain me because they know they are not a statistic in a mass production business. I run my practice as a profession, I operate a law firm, and you will be able to speak with me.

If you hire Binder & Binder, you may not be represented by a lawyer, which is important. When you deal with a lawyer you are protected by attorney-client privilege. When you deal with a lawyer, they are required to provide adequate explanations for your questions. If an attorney messes up your SSD claim, they can be sued for malpractice. Running a professional law practice as opposed to a business makes you more accountable.

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Testimonials

“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.
“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.
“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.
“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.
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.
“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 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.
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 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
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 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.
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.
“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 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 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.
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
“I have recommended you in the past and I will continue to do so!”
L. Z.
“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.
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.
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 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.
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
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 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.
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.
“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.
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 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.
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 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.
“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.
“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.
“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.
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.
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.
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.

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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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