Scott E. Davis PC Blogs

Receiving unemployment benefits while your disability claim is pending

Feb
23

To qualify for Social Security Disability, you must certify you are unable to work or expect to be unable to work in any capacity for a minimum of twelve months. In contrast, if you also apply for unemployment benefits, you most likely must certify that you are ready, willing and able to work in order to receive unemployment benefits.

Posted By William Knopf read more

Affidavits: an important part to your case

Feb
02

Picture a thick stack of papers on the judge's desk, they will have your medical history from the doctors you have seen during your illness, your work history, etc. 

What about your personal history? What about what your illness has done to you emotionally? The toll it’s taken on your family life  

An affidavit from a family member, friend or even former co-workers will give the judge a personal look into your illness and your life. 

Posted By Scott Davis read more

The cake is baked

Jan
24

Frequently, I get asked to explain the importance of getting an attorney involved during the administrative level of review in a short and/or long term disability claim, rather than once a “final denial” is received. A final denial essentially means the claimant has exhausted all administrative levels of review; therefore there is no longer the option of appealing the denial of his/her claim and the next step in his/her claim would be, in most cases, filing a lawsuit in Federal Court.

Posted By Lisa Martinez read more

Social Security Administration and Attorney Fees

Dec
09

When a claimant hires an attorney, Social Security actually governs how they are allowed to charge a fee. Social Security goes one step further and actually withholds the fees directly from the retroactive benefits that are due a client and sends the balance of those funds after they deduct the fees. For this service they charge a service fee to the attorney (never the claimant).

Posted By Kimberley McQueen read more

Medical records!

Nov
18

Why do I need to keep track of my medical records?

One of the most important key elements to a Social Security Disability claim can be the medical record. There are instances when doctors' offices will merge, change the name of the practice or a doctor will leave a practice and not be able to take the patients records with them. 

Posted By Scott Davis read more

That judge doesn’t even know me!

Oct
29

Have you ever wondered how a judge makes a decision on whether or not to approve your benefits? Your hearing is only going to be 45 minutes long and there is no way you are going to be able to paint a picture of your life in 45 minutes well enough for a judge to understand what you are truly going through. Surely you should have more time to explain your disability and make the judge understand why you should get approved, right?

Posted By Mary Mundall read more

Finding the right disability attorney is critical

Aug
30

Wow! It has happened again. I met with a potential client who has a very winnable Social Security Disability Claim. So why didn’t she win? Well one of the reasons could be that the Social Security Disability attorney she hired decided 3 weeks before the claimant’s disability hearing not to represent the claimant any longer. So the claimant ended up at the Social Security Disability hearing by herself, with no representation. 

Posted By Kimberley McQueen read more

Your doctor knows more than you think

Aug
23

I have to admit - having worked for Mr. Davis for the last two years I have learned quite a bit about the medical field, and loads more about the Social Security disability process. I certainly know I haven’t heard it all yet (Kimberly Cole in our office probably has), but not too much surprises me at this point… except - what can end up in a client’s medical records. People don’t realize that a lot of the off-hand remarks they make to a doctor can often end up as part of their permanent record and in some instances could be detrimental to their claim.

Posted By Sandy Greene read more

To treat or not to treat

Aug
09

One of the toughest questions I have to answer frequently from our clients is “How am I supposed to get medical treatment when I have no insurance, no income, and can’t even pay my bills?” This can be equally frustrating, more so for the client, obviously, but also for us as your representative, because the most crucial support for a Social Security claim is consistent medical treatment. We can receive a glowing letter from a treating physician, but if a person doesn’t have the medical treatment to back it up, he or she can lose a lot of credibility with a judge. 

Posted By Lisa Martinez read more

Contacting your Congressperson to try to speed up your disability claim

Aug
03

Unfortunately, the process of getting disability benefits from Social Security can take a very long time. A question we are often asked is “Why are things taking so long? Why did I hire a disability lawyer in the first place?” An attorney is not able to pressure Social Security to expedite a claim. What an attorney can do is make sure that Social Security has everything they need to make a decision in a claim.

Posted By Scott Davis read more

Pages

Legal Disclaimer

This Website is intended to convey general information only. The information presented here should not be construed as formal legal advice or opinion. It is not an offer to represent you, nor is it meant to form a lawyer/client relationship. Any email sent via the internet using email addresses listed or forms in this website would not be confidential and would not create an attorney-client relationship. Any examples of past results are not a guarantee or indicator of future results. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.