Are mistakes made?
Unfortunately, all the time. Someone, whether a government worker, board, or insurance claims representative reviews the application for benefits and makes a determination of eligibility. This person can make mistakes. Also, the supporting medical information for your claim may not include the proper medical or legal terminology or analysis to adequately support your claim. This can result in a denial of benefits in cases where they should be paid.
You have the right to appeal decisions made against you. You should pursue all appeals. An appeal from the initial decision is a crucial part of the proceeding. Once a judge rules against you, there is usually very little that can be done to win. Since it usually costs no more to involve an attorney early on, you should consult with an attorney as early as possible to help insure the best results. An attorney’s involvement can make a tremendous difference in the outcome.
EARLY INTERVENTION WORKS!
What can an attorney do?
Kim LaValley will perform two important functions in connection with a review of benefit programs:
He evaluates which program(s) may potentially provide you with disability benefits and determines whether your condition (physical, mental, or a combination) should entitle you to disability benefits. He represents clients who are disabled from their regular work, or all work, and want to pursue disability benefits
How are attorney’s fees paid?
Attorney’s fees in Social Security proceedings are limited by law, and are only payable upon a SUCCESSFUL resolution of the claim. Fees are paid from the lump sum of “back-due” disability payments owed to you…There is no “up front” cost to the client in having an attorney pursue your claim, and all attorney’s fee requests must be reviewed by a judge, found to be reasonable, and approved before payment is due. Other types of disability cases are charged differently.
I have a disability, and I believe I have been discriminated against because of it. Is there a remedy?
It, of course, depends on if you qualify for protection under the law. There are California and Federal laws prohibiting discrimination on the basis of disability, but claimants need to prove they are disabled as defined in the particular statute and that a specific prohibited action was taken against them because of it. The remedies vary considerably depending on the statute relied upon and the facts of the case. The issues are complex and questions should be answered by an experienced attorney.
One thing is clear: THERE ARE SPECIFIC TIME LIMITS TO FILE A CLAIM. LETTING THE APPLICABLE TIME LIMIT PASS WILL PRECLUDE ALL FURTHER ACTION.
Contact our office for a free consultation or referral.
Social Security is not the only source of disability benefits. Click here for more important information about other programs that can provide support when you need it.