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.