We
appreciate the fact that you are putting your future in our
hands. We take that responsibility seriously. We know it is
easy to become extremely frustrated because of the delays
in the Social Security System, so we promise to do our best
to get your benefits as quickly as possible.
To avoid
any misunderstandings between you and our office, we want
you to know what to expect and what you can do to help your
application. To avoid problems and pitfalls, please make every
effort to follow these instructions. |
| 1. |
Letters from Social Security
When you receive letters from Social Security, wait to or three
days to allow us time to get our copy. Then contact our office
to be sure we received it. Be sure to contact our office
every time you receive a denial notice. The state agency
who sends the denial notice often neglects to send a copy of
the denial notice to our office. We must be aware of the denial
in order to file your appeal within the specified time. Failure
to notify us of a denial notice could cause your application
to be closed and would require you to start all over. |
| 2. |
Direct
Contact with Social Security
Do not call or write or visit any Social Security office unless
you check with us first. If you are contacted by Social Security
personnel seeking to ask questions regarding your case, please
refer them to us as your representatives of record. Should you
receive any questionnaire forms, please contact our office before
answering the questions. We want you to be truthful in your
answers; however, we want to monitor the manner in which you
answer your questions because your answers can sometimes be
damaging to your case. |
| 3. |
Office
Hours
Our office hours are from 8:00 a.m. to 5:00 p.m. We are open
Monday through Friday and observe normal holidays. |
| 4. |
Telephone
Calls
We represent many people at the same time. After your first
appointment, a paralegal will be assigned to manage your file
until you go to a hearing. If your paralegal is unavailable,
you may either leave a message with whomever answers the phone
or leave a voice mail message. It is very important to tell
us the purpose of your call. This allows us to look into your
problem before we call you back. We cannot accept collect calls.
If the paralegal cannot assist you or if you feel that you need
to speak to Mr. Hardy, tell her you want to speak to Mr. Hardy.
Because he travels most of the time, it may take 2-3 days but
he will return your call. |
| 5. |
Contact
with the Office
Never go more than 75 days
without contacting our office (either by
phone or mail) and giving us a brief update on your condition.
However, more frequent calls to “check on the status of
your case” will not serve any useful purpose! |
| 6. |
Processing
Time for Claims
An initial application will take one to six months to process.
Then a reconsideration appeal is filed. Reconsideration decisions
usually take one to two months unless you are scheduled for
an examination with a Social Security doctor. Next, a request
for hearing is filed. Usually, a hearing is scheduled six to
twelve months from the date a hearing is requested. The waiting
period for a decision from a Judge is usually one to three months.
Please not these times are all estimates. |
| 7. |
Change
in Work Status
If you return to any type of work, contact our office immediately
to provide the details. |
| 8. |
Change
of Address
IT IS URGENT THAT WE ALWAYS KNOW
HOW TO CONTACT YOU! If you move to a new address
or change your telephone number, call and let us know. Also,
you need to notify Social Security of your address change. If
your telephone is disconnected, please provide a telephone number
of a relative or friend where a message may be left for you. |
| 9. |
Change
in Medical Condition
If you are hospitalized or treated in the emergency room for
anything serious, develop new problems, get worse or have any
additional accident or injury, contact our office immediately. |
| 10. |
Referrals
by Treating Physician
Contact our office immediately if your treating doctor refers
you out to another doctor, to have further medical testing,
to be provided with further treatment or to be fitted with any
medical appliance or assistive device. If your physician states
that you need a cane, crutches or walker to help you walk, have
your doctor provide you with a prescription for the device.
Please make a copy of the prescription prior to getting your
device and provide it to our office. This is very important
evidence. |
| 11. |
Keep
Records
Keep a notebook/journal or calendar of the dates you visit the
doctor or physical therapist, and any change in medication.
Diary your problems when you have difficulties and what brought
them on. If your medical problems are such that you are subject
to seizures, sudden falls, blackouts, chest pains or days in
bed, please keep a calendar of these events. This will help
us to prepare for your testimony at the hearing. Please send
this calendar/notebook/journal to our office once you are notified
a hearing has been scheduled. Always keep your medical appointments
and make sure to tell your doctor any problems you are having. |
| 12. |
Consultative
Examinations—[IMPORTANT]
Social Security may schedule you for a consultative examination.
If you are sent for an exam, please note the time that you spend
in the waiting room, the number of people that go in to see
the doctor during that waiting time, the time that you actually
spend in the doctor’s presence and what the exam consisted
of. As soon as you are home, please write down all of these
details and mail your notes to our office. |
| 13. |
Preparation
for the Hearing
We will notify you prior to the scheduling of the hearing. At
this time we will ask that you provide us with any new medical
sources, dates of last doctor visits and a list of your medications.
We will send you a questionnaire for your doctor to complete.
This questionnaire is very important because your doctor’s
opinion of your condition is a key issue in the case. Please
make every effort to convince your doctor to complete the form
and return it to our office as soon as possible as many doctors
ignore our requests to fill out forms. |
| 14. |
Notice
of Hearing
When your case is set for hearing, we will contact you and explain
the type of questions the Judge is going to ask you, explain
some rules for answering questions, explain the format of the
hearing, identify witnesses and other information relevant to
your case. The hearing will be before an Administrative Law
Judge. There is no need to panic when your case is set for hearing,
as your case will be thoroughly prepared and you will be prepared
to testify. If you receive a Notice
of Hearing and our office has not been in recent contact with
you, call our office immediately. |
| 15. |
Attorney’s
Fees
Under the law, if you are awarded Social Security Disability
Benefits based on your past earnings, the Government may withhold
part of your past-due benefits for an attorney
fee. However, if you are awarded Supplemental Security Income
Benefits (SSI) you will be responsible to pay our attorney fee
from the past-due benefits you receive. We will also bill you
for our costs of copying files, postage and expenses necessary
to prepare your application. |
| 16. |
Your
First Checks
If you receive Social Security Disability Benefits or both Social
Security Disability and Supplemental Security Income (SSI),
be sure to make a photocopy of your first check(s), and send
the photocopies to this office. We need the copies of the checks
to make sure that you were aid all that is owed. If you receive
Supplemental Security Income (SSI) only, you will need to call
our office with the amount of the check, so that we can calculate
the attorney fee owed. At that time, you will need to send a
money order or cashers check to our office or you can bring
cash. |
| 17. |
Loans
Although we are sympathetic to your financial circumstances,
it is illegal and unethical for us to make loans, co-sign notes
or give advances in anticipation of your benefit award. |
| 18. |
Legal
Advice
Do not get legal advice from your neighbors, friends,
your doctor or anyone else. Do not discuss your
case or compare it with others. Their advice can be confusing,
unreliable or even wrong. We are professionals who specialize
in these cases and we suggest you rely on our advice. |
| 19. |
Complaints
If at any time you become disappointed with the way our office
is handling your case, please contact Bob Hardy by phone, or
in writing, so that he can resolve your concerns. It is our
commitment to treat you as a person, not just another case!
|
| Being
disabled is a frustrating experience. We will do our best to
secure your benefits, but remember, we are dealing with the
government. We cannot force the government to do anything quick
or to process your case before someone else. |
