Why Do-It-Yourself Disability Claims Don't Often Succeed
You do not have to have a lawyer to file a disability claim. In fact, you never have to have an attorney for anything. At the same time, there are some very good reasons to have one in Social Security disability cases.
First, consider the fact that large government bureaucracies such as the Social Security Administration aren't exactly known for being user-friendly. In fact, they often seem to go out of their way to be just the opposite. Many are, indeed, nice and helpful. But they get paid by the government and they are not your advocate.
These employees work in different offices, and perform different tasks. The local offices for Social Security help you process claims for free. However, they also can use words or phrases on your forms that do not help your chances. They even are to observe your physical and mental mannerisms and report them as evidence on the form after your visit (or call); these hearsay statements are admissible in Social Security cases and can work for or against you depending on what they report.
Another Social Security office called DDS (Disability Determination Service) is the place where your medical evidence is obtained by one person, and then reviewed by doctors who make a decision as to whether you are disabled. Rarely do you see these people in person, but they are again able to write down statements in your file as to what they hear you say, based on their recollection and understanding. These workers can be helpful, or they can hurt. As at all of the steps, you can get conservative or liberal workers, helpful and not helpful.
And, you should understand that every time you call a Social Security office, the person you speak with could either be extremely knowledgeable, or someone who started working the day before you called [likely somewhere in between]. It is unlikely you will be able to figure out whether what you are hearing is the whole truth. It is necessary that the employee correctly understood your need or question, know the laws governing what you need, and is able to communicate that information well so you understand it. They are not your advocate, and there is no real recourse for you if they tell you something wrong, in many circumstances.
Second, the rules, evidentiary requirements and regulations that apply to SSD and SSI claims are complicated and difficult to understand - even for people working inside the Social Security Administration itself. For example, the first two steps of review, done at DDS (disability determination service), the Government uses the huge volumes of rules called the POMS. The POMS is different than what is used at Steps 3 and 4 at the ODAR and Appeals Council, where Rulings, Regulations, and Hallex are used mostly. At the next steps, in the federal courts, case law is used primarily, along with the Social Security Act and more. Each of these sets of law codes, and rule books, are complex individually as well. So, no wonder it is hard to keep up with the varying laws and rules that the Government applies to your claim! And, many of the laws changed yearly, if not monthly.
Here are just a few of the other benefits an experienced lawyer can provide:
- Communication with the Social Security Administration throughout the process is extremely important. Through decades of practice and countless numbers of cases, our attorneys and staff have developed the skills needed to communicate effectively with the SSA on behalf of our clients. We do this for you on most occasions; or we tell you what you have to do and how to do it (when it is necessary for you to communicate directly with the Government or their agents).
- Getting doctors to understand what kind of documentation the SSA requires or how to write medical reports that conform to the SSA's definitions for various disabilities is often the difference between winning or being denied benefits. We understand the medical and legal issues involved and have become very good at helping doctors understand them as well. And we often enlist your help in the process as we believe your involvement with the doctors is a key to getting a good report from them. We are available to talk to your doctors at their request about reports needed, or help them understand forms you need completed, or help them to actually complete these forms upon request. Of course, we only want the doctors' true and supported opinion about your condition, but often they are hesitant to help for many reasons. We have heard them all, from not being an expert, to getting subpoenaed to court, to not having time. So, we want to do everything possible to help you get your doctors' input into your Social Security file; there is really no reason not to help, in our opinion. It is critical.
- Well trained attorneys will make strong legal arguments for you that are needed, whether orally to a judge or other specialist, or in writing briefs or court arguments. Attorneys need to know how much to argue for you as well; there are times associates must be trained to make more detailed arguments, and other times to shorten arguments. ALJs become angry at attorneys who talk forever about matters that are not material and they may deny a claim at worst as a result. The depth of argument is partly the decision maker. Some ultra "conservative" ALJs, you may not want to show your whole hand because they will simply strengthen their decisions against you. Arguments in writing to an ALJ should be very different than arguments to the District Court, for many reasons. All these nuances must be considered and properly dispensed with by a good attorney.
- Just because most claims are denied initially doesn't mean you have to wait to win in court. Our lawyers will develop a game plan for winning your case as soon as possible. We have greatly increased the numbers of winning at the very first level, as well as all of the levels of appeal.
- While having a lawyer doesn't guarantee you'll win your claim - it will relieve a lot of the anxiety and frustration you might otherwise experience. You'll have someone to turn to for answers. Or you can simply let us do the administrative actions needed and fight the Government for you. Really, we tell you what you need to do and you can leave the rest to us. As a great thinker once said "wait to worry!" We will let you know where action is needed and you can relax about those things which we do not have the ability to change or those things we do not need to change. You'll know what the steps in the process are and what's likely to happen at each new stage. You'll be fully prepared for any medical exams, appeals, administrative hearings or court appearances along the way. However, part of our focus is NOT to involve you where your involvement is unnecessary or may even make things more difficult for us to help you.
- There are times a good attorney must really fight for you. For example, there are judges that are, unfortunately, so conservative that they are borderline biased, or simply biased. The law for proving bias is very difficult, and requires specific bias on a case basis, usually. The Administration has very limited ability to sanction its own judges now, since the judges became an "independent" group some years ago. For a former client fairly recently, Mr. Milam was able to get the District Court to find a Fresno ALJ was, indeed, biased. Further, the Court reversed the case and actually paid full benefits at the Court level after years of denials and inappropriate actions by this ALJ. This client has trumpeted Mr. Milam's tenacity in the case. Many attorneys simply accept this ALJ is conservative, and choose not to appeal his cases to the Court level or fight him for his bias. We continue our fight to get him removed even now from hearing more cases of our clients, since he would not even follow the advice of the Court and recuse himself as an ALJ. In our office, we continue to fight such ALJ actions where it is needed to provide clients with justice and due process. We will not leave the one sheep behind; where needed, we will fight for you, even where it is not politically correct to do so.
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Milam Law handles Social Security disability claims for people throughout California's Central Valley. For a free consultation regarding your disability claim - call us at 877-840-3508 (toll free) or, contact us by e-mail. Flexible appointment times are available, as are locations within an hour's drive of most places between Bakersfield and Sacramento.
