It has been our experience that most Judges will offer the claimant’s attorney an opportunity to make an opening statement at the start of a Social Security hearing.  However, unless the issues being decided are difficult or unusual, making an opening statement serves no purpose. It is always better to allow the Judge to control [...]

When a claimant retains our firm we make every possible effort to put them in the best position to secure a favorable decision on their claim. A very helpful tip that we often give out after we receive a date for their hearing is to have them keep a journal for two or three days.  [...]

Federal Law allows the Social Security Administration to recover overpayments made to claimants. When an overpayment has been alleged, the claimant may request a waiver.  To successfully secure a waiver of overpayment, a claimant must show that he or she was without fault in creating the overpayment and that requiring repayment would contravene the purpose [...]

If you are partially disabled as a result of a work related injury, you have a legal obligation to remain attached to the labor market.  This means that you must search for employment within your restrictions.  The nature and extent of your job search will often determine whether or not you will continue to receive [...]

In some cases a Social Security applicant is already receiving payments from a private disability policy.  If they are denied Social Security benefits and request a hearing it can be many months before a ruling is made in their case. It is important to understand that some private disability policies include a reimbursement clause which [...]

One of the criteria to qualify for Social Security benefits is that a claimant be deemed disabled under Social Security’s rules.  A person cannot be disabled if they are working regardless of their medical conditions.  However, the Social Security Administration will consider someone is “working” if they earn $1,000.00 or more per month. A person [...]

A finding of permanent total disability is extremely rare under the New York State Workers’ Compensation Law.  Most claimants who suffer permanent disabilities in neck and back cases are classified as permanently partially disabled. The New York State Workers’ Compensation Board Medical Guidelines, last updated in June 1996, outline the criteria to be used in [...]

Simply put, an insurance company is not liable to pay lost wage benefits unless evidence of disability, based upon a physical examination, exists. This means that a doctor cannot take a claimant out of work based on a phone call.  Even if the doctor writes a note stating that person is disabled, it will not [...]

It is sometimes difficult to know exactly when to file for Social Security Disability benefits.  This is because in order to qualify for benefits you must have a disability that has lasted or is expected to last at least one year. In many instances, an accident or injury occurs but the severity of the injury [...]

If you become disabled and are not sure what benefits you may be entitled to under the Social Security Law, the safest bet is to file your application for Social Security benefits. The earlier you file the better.  However, you should know that unless your disability has lasted or is expected to last at least [...]