What happened this week @ Berkley Law

Social Security attempts to simplify their terms by creating acronyms.  The two acronyms I think are vital in determining whether or not someone is disabled and meets the rules according to Social Security are the following:

1. Alleged Onset Date of Disability (AOD) : this is the date that you the claimant tell Social Security that you became disabled and from this point forward, you have not worked.

2. Date Last Insured (DLI): this term refers to the date in the future when your disability credits that you have earned in the past expire.  This one is a bit more confusing, so bare with me while I try to simplify.

Lets assume that you could prepay auto insurance 5 years in to the future.  So, if you purchased a car on Jan 1, 2005 and purchased car insurance for a 5 year term, it would expire on Jan 1, 2010.

As we work, we earn insurance credits through Social Security.  These credits extend in to the future much like the example I outlined above.  When you become disabled, hopefully you have worked long enough so that you have insurance credits that extend in to the future.

Please refer to the chart for visual clarity:

The above individual told Social Security that they became disabled on Jan 1, 2007.  Luckily for them, they have a Date Last Insured (DLI) that is in the future of when they first became disabled.  The important point to note, as long as you are found disabled prior to your DLI, you will be able to receive Disability benefits as long as your are disabled.

However, sometimes the following happens:

In this example, the claimant filed after their DLI and therefore under the qualifications of Social Security Disability, Title II, they do not qualify.  Unfortunately regardless how disabled they are, if they are applying for SSD benefits, technically they do not qualify.

I have a Hearing, Is my Judge going to be nice?

When the time comes to go before a Judge, whether they are nice or not is not your primary concern.  Your main concern should be that they are fair, hopefully sympathetic to your disabilities but most importantly follow the laws and regulations set forth by the Social Security Administration.

While I can not tell you who may be a better or worse judge, the following link will allow you to look at statistical information for an Administrative Law Judge that may be presiding over your case.

ALJ Statistical Information

I don't want to pay for something that I can do myself

It is true that you the claimant can handle your claim for Social Security Disability (SSD) or Supplemental Security Income (SSI) by your self.  If you win your case, you get to keep every cent you have earned.

You can also do the following: Sew yourself up after your cut your hand, change your transmission in your vehicle, install dry wall in your home or play the violin with only practicing for 1 day.

However, for the above mentioned items, the question you should ask yourself is, Should you?  The Berkley Law Firm is committed to the expert handling of your claim.  From beginning to end, let our years of hard work and determination steer your case where it needs to be.

The Berkley Law Firm, continually fighting for the benefits you deserve!!!

Trust and Credibility: Your Case is counting on it

If a person whom you have a cordial relationship with and whom you trust, tells you that last night he was on the Moon, would you believe him?  The answer is, probably not.  For a moment, lets look at this silly example in further detail; Why don't we believe that this person was on the moon?


1. The moon is really far away
2. You would have heard about it in the news
3. Your friend is not an Astronaut
4. There are about a million conclusions you can arrive at


However, if your friend told you that he was in San Diego, on a fishing trip, Skiing in the mountains, or something else within the realm of possibility, typically there would be no reason not to believe your friend.

As individuals, we extend a certain amount of trust to one another.  The Social Security Administration does the same thing.  The only difference is the amount of money they have riding on their decision.


Your credibility as a claimant in a Disability Case is vital to the success of your case.  However, your spoken word will not convince a Judge that your are disabled.  If you say your back hurts, be prepared to have medical documentation that proves it.  If you have Migraines, do you keep a journal to show when your headaches hit?  Do medical providers support your claim of disability?


When going before an Administrative Law Judge, who I might add probably hears 6-8 cases daily, please keep in mind that honesty is your best friend.  Never give the Judge an opportunity to think for a moment that every word coming out of your mouth is not the entire truth.  They are there to help you, but you must help yourself.


Please keep in mind, that Judges are human beings and are able to make quick opinions just like you and me.  Their decision should never be based on their gut instinct, but why give them a reason to question?

For additional help with gathering your medical records and preparing your case for your disability hearing, please visit The Berkley Law Firm @ www.berkleylaw.net. 

Let us help you the best way we know how.  For your convenience, we have offices  throughout Orange and San Diego Counties.  Call today for your Free No Obligation consultation to see if we can help you.

What happened this week @ Berkley Law

The Answer... During a hearing, DO NOT BE A HERO.


One of the most most mystifying things some of our clients do when being questioned by a judge is playing down their impairments and saying they are better off then they really are.


Please understand, being proud, tough and not showing weakness is certainly a noble trait.  However, when you are before a Judge that has the ability to approve your case, it is necessary to tell it how it is.


I am not suggesting that you lie or put on a show.  It is important though that you speak from the heart and let your Judge know that you are in constant pain, that the medications are not working, that despite every remedy you try, nothing works.


Please do not expect someone who is presiding over your case to be a mind reader.  Additionally, please do not assume that someone has read your complete medical profile and knows from A to Z every ailment that you are suffering from.


When you are before a Judge, you should imagine that your entire Social Security history up until now is a blank slate, because it is.  This Judge will be examining your case for the very first time.  He/She will be taking all the facts in to consideration including your verbal account of what it is like to be you on a daily basis.


I beg you to tell the truth, be yourself, speak from the heart and most importantly, do not hold anything in.


This is your opportunity to shine and to show your presiding Judge that your life is a struggle and if you could work, you would.


Please contact the Berkley Law Firm.  For over 30 years we have assisted many individuals at all levels of the disability claims process.  Please let us help you fight for the benefits you so deserve.


Visit http://www.berkleylaw.net for more information.

@ the Hearing for my Disability Case

When being questioned by an Administrative Law Judge, there is a right way and a wrong way to answer a question.  


If the Judge asks,"Why are you unable to work?" There are several correct answers.  
1. Because I am Disabled
2. I suffer from X, Y, and Z and I am unable to work
3. I suffer from X, Y and  Z.  When I wake up I am in extreme amounts of pain, often I have to lay back down for an extra hour before I try to get out of bed again.  I often do not sleep well and therefore I wake up at odd hours every morning.  The medication I take makes me very tired, and I barely have any energy to care for myself. Sometimes I even forget to take my medications.  Lately, I have a difficult time remembering what day it is.




The above answers were all correct.  However, it should be abundantly clear that #3 answers the question the best.  Please note, there is a lot more that should be addressed when answering this question.  Hopefully though, this example will give you a little more clarity regarding how an Administrative Law Judge would like you to answer.


If you would like to discuss your case, please vist www.berkleylaw.net.

Deciding to go back to work while collecting disability benefits

A question we sometimes get from our clients: If I decide to go back to work, will my Social Security Disability benefits be automatically terminated?

The answer in short is no.  Social Security has different work incentive programs.  For more information please contact Social Security or visit www.berkleylaw.net.

Where do they come up with their logic?

The Social Security Administration utilizes something called the 5 Step Sequential Evaluation to determine whether or not someone is disabled.  This 5 step list can be found in the Code of Federal Regulations.  It can also be found on the SSA website at www.ssa.gov.

In essence, the 5 Step Sequential Evaluation to determines whether or not someone is disabled based on the following criteria:


1. Is the Claimant working?
2. Does the Claimant have an impairment or series of impairments that has lasted or will last longer then 12 months?
3.Does the Claimants impairments meet or medically equal the Listings guidelines set forth by Social Security?
4. Can the claimant return to their previous employment?
5. Is there any work the claimant can do?

If you are reading the above list, and you believe this is you, please contact our office for more information to see if we may be of assistance to you.

www.berkleylaw.net

I think I am Disabled, How much will I receive?

Trying to determine what a person might receive when they apply for disability benefits may not be clear so quickly.  However, the Social Security Administration has a link on their site called the Benefits Calculator.  This tool allows you to enter approximate information about how much money you make and will continue to make until you become disabled.

Let me caution you, the numbers are a rough estimate.  In addition, the calculator does not compute for any years you may not have worked, if there are any off sets to consider like a pension or other monies receive.

While the calculator is a great tool to give someone a ballpark idea, the only way to know for certain is to contact Social Security directly and provide your work history information and your social security number.

For more information, please contact http://www.berkleylaw.net so we may be able to assist you further with questions you may have.

What happened this week @ Berkley Law

Often times we get a phone call from our clients inquiring as  to why there are so many forms to fill out, why claimants pursuing disability benefits have to visit a state doctor, why do they have to go before a judge...why, why, why...etc etc.  

The answer is, because you have to!!!!

When dealing with the Social Security Administration, we must comply with every rule and regulation.  We must dot all of our i's and cross all of our t's. 

When we were children, we played with the "block toys"... Triangle shaped blocks that fit in to triangle shaped holes (see image below)

Imagine for a moment that the Social Security Administration is the box which accommodates the different shapes.  Now, imagine you are a Square Block trying to get your shape through the Triangle hole... bottom line, it's not going to happen.

At the Berkley Law Firm www.berkleylaw.net, we make sure that your case is handled right, the first time.  Navigation through the waters of Social Security can be an arduous process, let a firm with over 30 years experience help you.

Allow us the opportunity to mold your case into a shape that Social Security will recognize. 

The Berkley Law Firm Locations:

 Fullerton Towers, 

1440 N. Harbor Boulevard Suite 250 

Fullerton, CA 92835 

Phone: 714-515-5141 

Toll Free: 866-470-6963

 Fax: 714-871-9714

San Diego office 

8880 Rio San Diego Drive
Rio Tower 8th Floor
San Diego, CA 92108
Phone: 714-515-5141
Toll Free: 866-470-6963
Fax: 714-871-9714


Mission Viejo office
27281 Las Ramblas
Suite 200
Mission Viejo, CA 92691
Phone: 714-515-5141
Toll Free: 866-470-6963
Fax: 714-871-9714

Disabled and Waiting: A story from a CBS Interview

Video Link

Applying for Social Security Disability Benefits

If you are applying for Social Security Benefits through the Social Security Administration (SSA,) it is not necessary to make an appointment to complete the application in person.  The SSA website will allow you to start an application, return to it at a later period should you desire and complete and receive confirmation of your application. Visit www.ssa.gov to get started.

This is a wonderful tool if used correctly.  However, I caution you to make certain that the application is filled out correctly to the best of your knowledge.  In addition, when completing a new application for Social Security Disability (SSD) Benefits, you must also complete the Disability Report For SSA 3368.  Failure to comply may result in a denial or dismissal of the application.

Unfortunately, we have seen far too often that someone has filed online for disability benefits, however due to no additional follow up, the claim was denied and/or dismissed.

Please do not allow this unfortunate circumstance to happen to you.  Contact the Berkley Law Firm today for more assistance and clarification.

We have offices throughout Orange and San Diego Counties.  Call now for a no obligation consultation to see if we may be able to help you.  Our toll free number is (866)972-1515

How much does a Lawyer/Representative charge to represent me?

The great news in general about hiring someone to represent, whether it is an attorney or Non-Attorney Advocate is that you only pay them if you win your case. The Social Security Administration makes it very clear, Attorneys and Representatives may not charge you a dime without the approval from the administration.

Quite simply, if you don't win your case, you don't pay!!!

Did you Know???

Did you Know: There are programs available to help obtain prescription medications if you are unable to pay the entire cost for them. Please visit Needy Meds. 

For further help with your claim for SSI and SSD in Fullerton, San Diego or Mission Viejo, The Berkley Law Firm is here to help.

SSA Compassionate Allowances

 The following list comprises the SSA's initial list of what they classify as "Compassionate Allowances."  In other words, should you be diagnosed with one of these conditions, and you meet the other qualifications for Disability under the SSD rules or SSI rules, then you should be granted benefits. 

50 Initial Social Security Compassionate Allowance Provisions

  1     Acute Leukemia

2	Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
3	Alexander Disease (ALX) - Neonatal and Infantile
4	Amyotrophic Lateral Sclerosis (ALS)
5	Anaplastic Adrenal Cancer - with distant metastases or inoperable, unresectable or recurrent
6	Astrocytoma - Grade III and IV
7	Bladder Cancer - with distant metastases or inoperable or unresectable
8	Bone Cancer - with distant metastases or inoperable or unresectable
9	Breast Cancer - with distant metastases or inoperable or unresectable
10	Canavan Disease (CD)
11	Cerebro Oculo Facio Skeletal (COFS) Syndrome
12	Chronic Myelogenous Leukemia (CML) - Blast Phase
13	Creutzfeldt-Jakob Disease (CJD) - Adult
14	Ependymoblastoma (Child Brain Tumor)
15	Esophageal Cancer
16	Farber's Disease (FD) - Infantile
17	Friedreichs Ataxia (FRDA)
18	Frontotemporal Dementia (FTD), Picks Disease -Type A - Adult
19	Gallbladder Cancer
20	Gaucher Disease (GD) - Type 2
21	Glioblastoma Multiforme (Brain Tumor)
22	Head and Neck Cancers - with distant metastasis or inoperable or uresectable
23	Infantile Neuroaxonal Dystrophy (INAD)
24	Inflammatory Breast Cancer (IBC)
25	Kidney Cancer - inoperable or unresectable
26	Krabbe Disease (KD) - Infantile
27	Large Intestine Cancer - with distant metastasis or inoperable, unresectable or recurrent
28	Lesch-Nyhan Syndrome (LNS)
29	Liver Cancer
30	Mantle Cell Lymphoma (MCL)
31	Metachromatic Leukodystrophy (MLD) - Late Infantile
32	Niemann-Pick Disease (NPD) - Type A
33	Non-Small Cell Lung Cancer - with metastases to or beyond the hilar nodes or inoperable, unresectable or recurrent
34	Ornithine Transcarbamylase (OTC) Deficiency
35	Osteogenesis Imperfecta (OI) - Type II
36	Ovarian Cancer - with distant metastases or inoperable or unresectable
37	Pancreatic Cancer
38	Peritoneal Mesothelioma
39	Pleural Mesothelioma
40	Pompe Disease - Infantile
41	Rett (RTT) Syndrome
42	Salivary Tumors
43	Sandhoff Disease
44	Small Cell Cancer (of the Large Intestine, Ovary, Prostate, or Uterus)
45	Small Cell Lung Cancer
46	Small Intestine Cancer - with distant metastases or inoperable, unresectable or recurrent
47	Spinal Muscular Atrophy (SMA) - Types 0 And 1
48	Stomach Cancer - with distant metastases or inoperable, unresectable or recurrent
49	Thyroid Cancer
50	Ureter Cancer - with distant metastases or inoperable, unresectable or recurrent

On March 1, 2010, the Social Security Administration identified 38 additional allowances that once again, if you have been diagnosed with and meet the requirements for SSD or SSI, then benefits should be granted to you.

1	Alstrom Syndrome
2	Amegakaryocytic Thrombocytopenia
3	Ataxia Spinocerebellar
4	Ataxia Telangiectasia
5	Batten Disease
6	Bilateral Retinoblastoma
7	Cri du Chat Syndrome
8	Degos Disease
9	Early-Onset Alzheimer’s Disease
10	Edwards Syndrome
11	Fibrodysplasia Ossificans Progressiva
12	Fukuyama Congenital Muscular Dystrophy
13	Glutaric Acidemia Type II
14	Hemophagocytic Lymphohistiocytosis (HLH), Familial Type
15	Hurler Syndrome, Type IH
16	Hunter Syndrome, Type II
17	Idiopathic Pulmonary Fibrosis
18	Junctional Epidermolysis Bullosa, Lethal Type
19	Late Infantile Neuronal Ceroid Lipofuscinoses
20	Leigh’s Disease
21	Maple Syrup Urine Disease
22	Merosin Deficient Congenital Muscular Dystrophy
23	Mixed Dementia
24	Mucosal Malignant Melanoma
25	Neonatal Adrenoleukodystrophy
26	Neuronal Ceroid Lipofuscinoses, Infantile Type
27	Niemann-Pick Type C
28	Patau Syndrome
29	Primary Progressive Aphasia
30	Progressive Multifocal Leukoencephalopathy
31	Sanfilippo Syndrome
32	Subacute Sclerosis Panencephalitis
33	Tay Sachs Disease
34	Thanatophoric Dysplasia, Type 1
35	Ullrich Congenital Muscular Dystrophy
36	Walker Warburg Syndrome
37	Wolman Disease
38	Zellweger Syndrome

For further clarification and interpretation of the following allowances set forth by Social Security, please contact The Berkley Law Firm.  For your convenience, we have offices in Fullerton, Mission Viejo and San Diego.  


We can be reached toll free at (866)972-1515 or by visiting our website at http://www.berkleylaw.net