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The Law Office of James Sokolove Sees Needed Spotlight on Social Security Disability Insurance Claims

01-28-2008 01:54 PM CET | Politics, Law & Society

Press release from: The Law Offices of James Sokolove

Newton, Mass., Jan. 25, 2008 −The Law Offices of James Sokolove (LOJS), dedicated to providing equal access to the civil justice system, cites the importance of the startling results of a two-month investigation into Social Security Disability Insurance (SSDI) claims presented in a recent CBS News video report. The investigation found that up to two-thirds of disabled Americans who apply for SSDI are initially rejected or are subjected to a very protracted wait—in some cases as many as three years—for a decision on benefits.

“We need to be aware now that an aging boomer population will present an increasing number of claims just as the judges who review denials at the Social Security Administration (SSA) likewise age and potentially shrink in numbers,” says Attorney Jim Sokolove, founder of The Law Offices of James Sokolove. “It’s the perfect storm. As to why new judges aren’t being appointed to handle the increase … that’s the million-dollar question.”

Sokolove does emphasize however that recourse exists if an individual’s disability claim is denied. “Consumers should know the facts. Previously denied claims can still be won. You can appeal the SSA’s decision and request a hearing before a judge. In fact, approximately 80% of people who present their case to a judge are successful.”

The LOJS, which assists clients whose disability claims have been denied, has outlined five tips for individuals who plan to apply for SSDI benefits:

• Deadlines matter. Missing application deadlines set forth by the SSA may mean going to the “back of the line” and prolonging your wait for benefits.
• Organize before you apply. Gather all of your medical records from your treating physicians, including prescriptions and results from any diagnostic tests, and bring them with you when you apply for benefits. If you don’t, the SSA may make an inappropriate decision based on an incomplete file.
• Prepare your doctors. Your physicians should know that you are applying for benefits and should prepare Residual Functional Capacity reports for you before you apply. Your local Social Security office may have forms that you can bring to your doctor’s office as guidance. He or she must provide specific information on your functional limits, not just a mere statement that you are disabled.
• Advise the SSA of your housing situation. If you are homeless or are about to become homeless, let them know. Although there will still be others before you, an eviction notice can help move you up the list.
• Write your congressperson. Tell them you want change. If your records are complete and you believe you have a strong case, ask for a congressional inquiry to be conducted by your representative or senator. They have the authority to get the SSA to pull and review your file.

Sokolove says what saddens him the most is that administrative remedies like SSDI are meant to expedite help when people really need it. “This is an insurance program that hardworking Americans have paid into,” he says. “We’d be outraged if private insurance companies constructed such delay or denial patterns and we’d expect that the Justice Department would take action. Who steps in when the agency in charge of the remedy is the offender?”

The Law Offices of James Sokolove
1340 Centre Street
Newton, MA 02459
Ellen Fletcher
Phone: 617-467-6967
Fax: 617-964-4336
Email: efletcher@jimsokolove.com

About The Law Offices of James Sokolove
For almost 30 years, The Law Offices of James Sokolove (LOJS) has focused on reinventing how people obtain legal services. Equality of access, irrespective of ethnicity or income, and superior quality of representation and service within our civil justice system is our mission. Within an ever-changing legal profession, the LOJS business model is a proven success strategically matching specific client needs with particular law firm expertise and service quality. LOJS is the nation’s largest and fastest growing marketer of legal services.

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