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Greetings,

As the string of 90-plus degrees days comes to an end and cool fall-like weather arrives, we want to share the August edition of our firm newsletter  with you. However, as numerous wildfires still burn across the west, our positive thoughts and good vibrations go out to those fighting the fires and those affected by the fires.

Below please find some, hopefully, informative news about Social Security & Veterans Administration disability benefits.  Please do not hesitate to let us know if you have any thoughts on our newsletter or suggestions for topics you would like to see discussed in future editions. We look forward to hearing from you.
Social Security Disability Benefits website:

The attorneys of Cascadia Disability Law represent people seeking Social Security disability benefits, including Social Security Disability (SSD, SSDI, DIB - Title II), Supplemental Security Income (SSI - Title XVI), Disabled Widow / Widower Benefits (WIB) and Childhood Disability Benefits (CDB) benefits.

We offer a free initial telephone or in-person consultation and there are no up-front legal fees, if we do not win you benefits there are no attorney's fees. Call or email us anytime for more information or if you have questions.


You also may use the client update forms on either of our websites to update us about your situation.
Veterans' Disability Benefits website:

Just a quick reminder, we have a website just for our VA disability benefits legal services practice - you may find some of the information there useful.  

 
Please check it out and let us know what you think!
 
Visit our Veterans' disability benefits website

The attorneys of Cascadia Disability Law represent people seeking disability benefits, including  Department of Veterans Affairs Compensation, Pension, and Aid & Attendance benefits. We offer a free initial telephone or in-person consultation and there are no up-front legal fees, if we do not win you benefits there are no attorney's fees. Call or email us anytime - 1-8O0-89l-O867.
Click Here For Our Social Security Disability Benefits Website
 
How Clients Can Update Cascadia Disability Law

We have a feature on both of our websites that allows our clients to update us electronically on any new information, correspondence  or address they have regarding their claim.
 
LEARN MORE  

Social Security Benefits Client Update Form

Veterans Benefits Client Update Form

Of Course, one always can contact us via telephone, fax, email or regular mail, too!


Office: 503-891-8376
Toll Free: 800-891-0867
Fax: 888-988-0014
Email Us: Help@CascadiaDisabilityLaw.com
Mailing Address:
Cascadia Disability Law
P.O. Box 12028
Portland, OR 97212
 

 
5 Mistakes to Avoid When Applying for
Social Security Disability Benefits
 

Applying for Social Security Disability Insurance (SSDI) benefits can be a long, arduous process. Navigating through the complex Social Security disability system can be stressful and frustrating, especially for those who are already facing medical and financial difficulties.  

 

The sad truth of the matter is that approximately ⅔ of applicants are denied at the first stage of the disability process. Even worse, the initial application alone can take, on average, 5 to 6 months or longer for you to get your first decision (more than ⅔ of the time this will be a denial).

 

The odds at the first stage of the Social Security Disability process are typically not in the applicant’s favor, however if you have become disabled and are unable to work, SSDI benefits could provide you the financial support and help that you need. If you have a severe mental or physical impairment that disables you from working and can be expected to last 12 months or longer, do not be discouraged by the denial rates - apply for benefits!

 

After making the decision to apply for Social Security Disability benefits, you should familiarize yourself with the process and avoid some common mistakes made by disability applicants. By avoiding these mistakes, you give yourself a better chance of being approved for benefits at the earliest stage possible.  

 

Mistake #1: Not Getting Help / Presuming you Cannot Afford Help from a Disability Attorney -

 

As a disability law firm, we are biased on this topic of discussion. However, you should seriously consider obtaining the assistance of an attorney who is experienced and knowledgeable in navigating Social Security processes.  

An attorney will help you improve your chances for success by ensuring that your application is complete, accurate and in the proper format.  An SSD attorney also can advise you on alleging the earliest “onset date” possible.  The onset date is the date you became unable to work on a full-time basis due to your impairments and an earlier onset date can mean a larger back-benefit for you if and when your claim is approved.  

Some disability applicants presume that they cannot afford the help of legal counsel. Most disability applicants are going through financial hardship as they are unable to work. However, it is important to understand how an SSD attorney’s fees are paid - on a contingency basis.  Contingency basis means that the attorney only is paid if your case is won. If you are never approved for disability benefits, your SSD attorney’s fee would be $0.

If and when you are awarded benefits, your attorney’s fee would come out of your back pay only, all future monthly benefits are yours to keep. Social Security regulates SSD attorney fees, which are 25% of your back benefit, or $6,000, whichever is less. And of course, if your case is awarded with no back-benefit, your attorney’s fee would be 25% of $0, which equals… $0!

 

Statistics from the Government Accounting Office (GAO) have shown that SSD applicants with representatives are approved 56% more often than applicants going it alone. All in all, hiring an SSD attorney is affordable and likely will pay for itself in higher chances for approval and decreased stress for the applicant. You can’t afford not to!

 

Mistake #2: Not Listing All of your Impairments upon Application -

 

Upon application, Social Security will ask you, “What are the illnesses, injuries, or conditions that limit your ability to work?”  It is obvious to list the most disabling of your conditions - severe back pain, PTSD, fibromyalgia, cancer, arthritis, schizophrenia, etc.  However, it is equally important to list all of the conditions that you suffer from. Yes, that means listing things like asthma, high blood pressure, obesity and depression!

Social Security is required to consider your impairments singly and in combination with each other. While an impairment such as asthma may not qualify you for disability benefits on its own, it can certainly cause you functional limitations that, when considered with your more severe impairments, can lead to a finding of “disabled.”

So much of the uphill battle of being approved for SSD benefits is proving to Social Security that you are unable to do any job within the national economy. An impairment such as asthma can cause limitations on your ability to perform in a work environment that is heavy on asthma irritants. We can then eliminate jobs considered by Social Security that you potentially could perform, such as working at a nail salon (heavy on fumes, dust, and vapor), and woodworking (wood dust is a common asthma irritant).

It will pay off to list all of your impairments, even the ones that don’t seem all that disabling by themselves.

 

Mistake #3: Not Checking the Status of your Disability Application -

 

You should check on the status of your SSD application regularly. It never pays to assume anything with Social Security, and assuming that they are working diligently on your claim could cost you months - if not years.  

Social Security is rather notorious for “misplacing” (losing) paperwork that has been filed. They also are known to not notify applicants of additional information that is needed to decide a claim. We have seen claims held up for months, even years, because Social Security has misplaced your application paperwork.  By requesting status on your claim, you can ensure that your paperwork is, in fact, actually being processed.

During the medical review of your claim, there are a few instances in which additional information is required. One of the more common problems we see is during the request of your medical records. Doctor’s offices are busy, and some are worse than others when it comes to responding to requests for medical records.  

Often times Social Security will request your medical records, and until they receive them back your claim is at a stand-still. Nine out of 10 times, this problem can be taken care of by a simple call made by the applicant to their doctors office, asking them to respond to Social Security’s request for medical records. But you would never know to call your doctor’s office unless Social Security tells you about the missing records. Instead of waiting for Social Security to make the phone call (which may not ever happen), you should be proactive on your claim by calling Social Security to ensure that they have all of the information that they need.

To ensure that your claim is moving along as it should be, it is vital to remain involved in the process. This is a classic example of a time when “the squeaky wheel gets the grease” applies.

 

Mistake #4: Not Providing Complete Medical Documentation -

 

At Cascadia Disability Law, we tell our clients that the more medical documentation we have, the better off we are in proving your disability. Many people will include medical sources for specialists (such as orthopedists, gastroenterologists, rheumatologists), but will not include information for their primary care provider, or the emergency room that they went to that one time.

A medical disability is proven by medical documentation. It is just as important to list the information for the emergency room visit you had when you originally injured your back as it is to list your orthopedic surgeon who performed your back surgery. In the same aspect, it is equally important to list your primary care provider, to whom you may have reported symptoms of back pain prior to receiving any specialized treatment.  

Too much information is often better than not enough when it comes to medical documentation, so if you are ever in doubt of whether you should include information for a particular doctor, LIST IT!

 

Mistake #5: Not Appealing After Receiving a Denial -

 

As described earlier, more than ⅔ of applicants are denied upon application for SSD benefits.  One of the biggest mistakes that we see after a denial is applicants not appealing in a timely manner, or not appealing at all and reapplying instead. Do not assume that Social Security got your denial right. With such high denial rates at application, there is a significant likelihood that Social Security made the wrong decision in denying your claim.

After you receive a denial from Social Security, and assuming that you disagree with their decision, you are allowed 65 days in which to appeal. This 65 day deadline is strict, and you will not be given additional time unless you can prove to Social Security that you have a valid reason (even then there is a chance they will not allow it). So it is vital to your claim to appeal in a timely manner.

If your claim is denied, it does not benefit you to re-apply instead of appealing. This only will set your case back, as Social Security will take another 5 to 6 months to make another application determination. There is also a high chance that your application after reapplying will be denied as it typically covers all of the same issues as your first claim. To avoid wasting a significant amount of time, it is crucial to appeal, and to do so well within the time limits.

 

The Social Security Disability Attorneys of Cascadia Disability Law offer the above  information to help you better understand the Social Security Disability application and appeals processes. The attorneys of Cascadia Disability Law LLC help people just like YOU! We fight to get you the benefits you deserve at the earliest stage possible in the claim process. Call or email us anytime – Call BEFORE you apply and apply right the first time - 503-891-8376 / 1-800-891-0867, Help@CascadiaDisabilityLaw.com.

Cascadia Disability Law
P.O. Box 12028
Portland, OR 97212
Staff Member Highlight:
 
Brian Scott Wayson - Attorney at Law
 
Brian Scott Wayson earned his J.D. (law degree) from the Northwestern School of Law of Lewis and Clark College. Before law school, Brian acquired a Masters in Public Administration (MPA) from Portland State University and a Bachelor of Sciences degree from Linfield College. It truly may be said that Brian has been "Oregon educated" (for both his formal and informal learning, no doubt.) Brian also had more than 15 years of business, customer service and human resources management experience before making the decision to attend law school. 

Brian Scott Wayson has a zeal for assisting people with the Social Security and Veterans Disability claims. Brian has seen the results of this system first hand – starting with his own mother while he was still attending law school. Despite her terminal cancer, brain tumor, heart condition and seven operations his mother repeatedly was denied Social Security Disability benefits – only being allowed benefits after a former North Carolina governor interceded on her behalf. Brian knows that underneath every injustice put out by the large bureaucracy is a human being just trying to survive with dignity and respect. Vulnerable individuals should not face this challenge without committed advocates by their side, lawyers who put forward the strongest possible case at every step of the process, optimizing the claimants’ chances for a favorable outcome at the earliest possible opportunity.
 
Brian states, "the best thing about working in a disability law practice is helping folks who are at a difficult time in their lives. This also is one of the more challenging parts of the practice, as clients do not come to us when they have received some does of good news, but rather when they face the difficult battle against the largely cold and impersonal bureaucracies. Hopefully, we can bring them a portion of positivity by achieving a favorable result." 
 
When not at work, Brian either is playing in the dirt of his organic gardens or exploring the fabulous Pacific Northwest with his spouse, two sons and two canines. 
 
Interesting September Dates To Remember:
 
  • Hispanic Heritage Month
  • International Square Dancing Month
  • National Courtesy Month
  • Self Improvement Month

 

2 - (1789) Congress organizes the Treasury Department (of which the Social Security Administration is part)
2 - (1945) Ceremony and formal signing of Japanese WWII surrender
3 - (1783) 
The United States and Great Britain sign the Treaty of Paris - which, once ratified by Congress, officially ends the Revolutionary War
5 - Cheese Pizza Day
6 - Fight Procrastination Day
6 - Read a Book Day
7 - Labor Day
8 - International Literacy Day
10 - Sewing Machine Day

11 - September 11, 2001 Remembrance
13 - Grandparent's Day
17 - Citizenship Day
17 - (1787) All 12 state delegations approve the Constitution
18 - POW/MIA Recognition Day
21 - World Gratitude Day
22 - Business Women's Day
24 - (1789) Congress establishes the Supreme Court
25 - (1789) Congress approves 12 amendments to the Constitution and sends them to the states for ratification (the states would ratify ten of these, and they would come to be known as our Bill of Rights)
25 - Native American Day
28 - National Good Neighbor Day

Closing Thoughts:
 
As we move into fall, I hope that you are doing well. We take the trust you place in us very seriously and appreciate your confidence in us. We. know that a focused considerate methodology is most effective for our clients.

Social Security and Veterans' disability benefits are pillars of our social and economic framework, and we are honored to assist individuals in aggressively pursuing benefits they are due.
 
If you have questions about SSA or VA disability benefits or the services we provide, please feel free to contact us anytime. We are always happy to hear from you, and we look forward to helping in any way we can.
 
Enjoy your autumn and Happy Labor Day weekend!
 
Sincerely,

Brian Scott Wayson
Attorney at Law/ Owner
Cascadia Disability Law LLC
503-891-8376
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Disclaimer

Information in this communication is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. No client-attorney relationship between any recipient of this email and Cascadia Disability Law LLC exists unless both parties have agreed to any such representation and signed and executed the appropriate documents including a fee agreement / retainer. If you have questions about your specific situation, please call Cascadia Disability Law LLC at 503-891-8376.

Copyright © *2015* *CASCADIA DISABILITY LAW*, All rights reserved.

Our mailing address is:
847 NE 19th Ave., Suite 260, Portland, OR 97232

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