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Wilkes-Barre, PA Social Security Disability Attorney

Osterhout Berger Disability Law > Social Security Disability > Wilkes-Barre, PA Social Security Disability Attorney

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. The process of making a claim and appealing a denial is time-consuming and can be confusing. In fact, many claims are denied because of missing information, but we can help you succeed with your claim because we have 50 years of experience, and we understand how the process works.

Applying for SSD Benefits

When you’re going through the process of applying for disability benefits through the Social Security Administration, there are three main ways that you can start your claim. The first way is to go into your local Social Security Administration office and begin filling out paperwork in person. The second option is to fill out the paperwork online. The third option is to come to us at Osterhout Berger Disability Law. You’re under no obligation to work with an attorney when applying for disability benefits, and it’s possible to receive a favorable outcome without consulting a disability attorney, but it’s very easy to lose out on benefits simply because you miss a deadline because you don’t know the process. We can help you through the process of starting your claim, and we can ensure that you have all of the paperwork turned in that you need to optimize the likelihood that you’ll receive approval on your claim.

When making a claim, there are a number of pieces of information that the Social Security Administration will require you to submit. For instance, you’ll need to give a full listing of all of your doctors and the facilities where they practice. Additionally, if you’ve been admitted to a hospital where you received treatment even though your regular doctors don’t work there, you’ll still need to provide that information. You’ll also need to fill out release forms so that the hospitals or clinics where you go are legally allowed to release your medical records.

In addition to providing medical information, you also have to explain how your condition affects your life and ability to function. And while not everyone has to undergo a consultative examination, you should be prepared to do it. A consultative exam is a doctor’s appointment in which a doctor that was chosen by the Social Security Administration examines you. They might ask for more tests to better understand your condition and how it affects you.

Appealing a Denial

Despite your best attempts at success, you might find that your claim was denied. If you applied on your own, you might have missed a step, which will probably mean that you should let us help you create a new claim. But even if you had us help you with yours, it’s still very possible that it was denied. This is the point at which you might choose to go through the appeals process.

There are four potential levels of appeal, and the first one that you will try using is the request for consideration. After that, you might progress to the appeal with the administrative law judge. Your appeal can also progress to the level of the Appeals Council, which is the appeal system underneath the Social Security Administration. Finally, some people’s cases rise all the way to the level of the federal court.

While you make a claim based on your condition and how it affects your ability to do your job, the appeal process isn’t directly about your condition. Instead, the appeal process is about showing that there was a mistake made by the administrative law judge when they were reviewing your claim. While this seems like a simple difference, it actually affects the way that the appeals process proceeds. During the Appeals Council process, you most likely won’t talk about your condition. One of the only times that they might allow you to talk about your condition is if there’s new information about it that wasn’t available when the administrative law judge last looked at your case.

When you’re in the appeals process, it’s important to remember that there are certain timelines that you must adhere to in order to continue with the process. Mainly, you have 65 days from the point of when your claim was denied to make an appeal. You should also be aware that appeals from the Appeals Council can take several months to a few years, and most cases still result in unfavorable decisions.

What We Do To Win Your Case

When we’re working for you on your case, we’ll do our best to ensure that your claim has the most chance possible of being approved. And if we’re unsuccessful the first time, we’ll make every effort to ensure that you have a positive outcome in the future. To do this, there are several things that you can expect from us.

Firstly, we’ll communicate with you regularly to ensure that you completely understand what is going on with your case. We understand that it can be confusing to go through a claim and appeal process for the first time, and we’ll communicate the status of your claim or appeal through email, phone call, text, and letter, when appropriate.

We’ll also work with you to put together your case. There are many medical forms and documents that the Social Security Administration needs to make a favorable decision on your case. We work with our clients to ensure that all of the evidence is put together on time so that the claim can proceed quickly with the best possible chance of you receiving a favorable outcome.

Being prepared for the hearing is important, and we understand that it can be intimidating to present your case before a judge. We fully prepare you with the questions that you’re likely to receive on the day of the hearing so that you know what you’ll say.

We take care of all of the technical aspects of your case, too. Talking to the judge about technical words that you don’t fully understand is rattling. We take care of the communication with the judge when we’re at your hearing so that you don’t have to worry.

Filing appeals as they become necessary is also an important job that we’ll take on as it comes. Starting the appeals process on time is a critical factor when you want to optimize the chances that you’ll have a favorable outcome.

What You’ll Need To Do

When we file a claim or appeal, there are a few things that we’ll need you to do to make the entire process go smoothly. First of all, you need to be available so that we can fulfill all of the paperwork that we need you to fill out. There are many times that we will need to give your consent to have your medical records released, or we might need another piece of information. Answering our phone calls, emails, and texts in a timely manner is integral to having the process go smoothly.

Additionally, we’ll also need you to comply with the medical treatments that have been prescribed by your doctor. This includes taking medications, going to therapy, and complying with lifestyle changes that your doctors prescribe. When you don’t comply, it gives off the impression that your condition isn’t that serious. We also need you to go to all medical appointments so that your case isn’t hurt by your lack of compliance.

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…

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.

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    Learn More

    Learn more about Social Security Disability and Long Term Disability Insurance, as well as appealing denials and how an attorney can help. These resources will cover the basics: