Introduction Secrets to Winning A Disability Case Contact Us Additional Notes... 9

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2 Introduction... 3 Secrets to Winning A Disability Case Contact Us... 8 Additional Notes

3 At Liner Legal the focus is on our clients needs. The most important way we are different from other disability law firms is in the extra services we provide to our clients. Many disability law firms limit their services to helping their client get disability benefits. In contrast, Liner Legal is wellconnected in the communities our offices serve and routinely assists clients with getting Medicaid, doctor referrals, food stamps (SNAP), county cash assistance, debt relief, Lifeline cell phones, mortgage assistance, homeless placement, prescription drug discounts, etc. We pride ourselves in being there for clients when they need us the most. Additionally, we meet with most clients in their homes, saving them from having to come to our office. Clients see this as a great service/convenience. We have been told on several occasions that this is why a client hired us over a competing law firm. Most importantly, we have a strict office policy that all client calls MUST be returned within 24 hours or less. The biggest complaint clients have about other attorneys is lack of communication and responsiveness. We put as much effort as possible into building a good relationship with our clients, because it is important to trust and believe in our ability to help you get the benefits you deserve. Michael A. Liner, Esq. Liner Legal, LLC 3

4 Here are eight important recommendations to follow when seeking disability benefits: 1) No drug or alcohol use during the disability application process Drug and/or alcohol use can negatively affect the outcome of your disability case. Evidence of drug and alcohol use is frequently revealed to the Social Security Administration ( SSA ) through the medical records that your physicians provide. In order to make a decision on your case, the SSA must determine if drug and/or alcohol use is causing your disability. In other words, would you be able to return to work if the drug or alcohol use stopped, or would you have your disabling condition anyway? If the SSA believes that you would not be disabled if drug or alcohol use stopped, they will simply determine that you do not qualify for disability benefits. In disability cases a tie goes to the runner, with the runner being the SSA. If there is any doubt over whether an impairment or condition would improve or stop with termination of substance abuse, the SSA will generally rule against you. Although each case is different, it is in your best interest to stop using drugs and alcohol during the application process. 2) Make sure the right kind of doctor treats each of your medical impairments The most important tool a lawyer will use in your disability case is medical documentation. The SSA will review medical evidence to determine if you are disabled using Residual Functional Capacity forms that are completed by your physicians. The more limitations cited in your case, the more likely it will be that you are considered unable to work. 4

5 If you are not treated regularly by a doctor for each of the impairments that you consider to be part of your disability, the SSA may determine that a supposed condition must not really be that bad. You may not need to have a separate doctor for each condition. For example, a person applying for disability does not need to have one doctor to treat their depression and another doctor to treat their anxiety, as a psychiatrist is generally qualified to treat both conditions. However, if you have depression and a severe low back problem, it is not enough to be treated just by a psychiatrist because a psychiatrist s specialty is not treating bad backs. Someone with those conditions should probably have an orthopedic, pain management, or other physical medicine doctor to consult with. IMPORTANT: if you do not currently have medical insurance or are not rated at a hospital or clinic that allows you to get care for your impairments, call Liner Legal right now at (216) We are fortunate to have several partner health agencies to assist our clients with medical coverage and care. 3) Tell your doctor/therapist ALL of your complaints and problems at EVERY doctor s visit As mentioned previously, documentation is very important to your disability case, and the only person who can describe what you are going through is you. If your physicians are unaware of a symptom or limitation, they will not be able to accurately document it. It is your lawyer's job to follow the paper trail. If you do not tell your doctor or therapist what is wrong at each and every visit, the SSA will assume that your condition is not severe and will not be able to track the problem. A good tip is to think of each medical visit as a follow-up to the last visit. Make sure to describe all of the pain and/or problems you have had performing your daily activities since you last saw your doctor or other medical professional. 4) Follow the prescribed treatment Ignoring your doctor s or therapist's recommended treatment, known as "non-compliance", negatively affects your disability case as it makes your claims for disability appear not credible. Simply stated, there is no sense in seeing a physician or therapist if you do not plan to listen to what they tell you to do. You should follow all of your doctor s or therapist's treatment instructions, attend all appointments, and take all medications as directed. It is completely acceptable to get a second opinion about your condition or to ask your doctor questions about why they are prescribing a suggested treatment course. However, be aware that 5

6 many disability claims get denied when an applicant has demonstrated an ongoing disregard for their doctors treatment plan. 5) Don t be shy about asking your attorney for assistance with paperwork During the application process, you will be asked to complete several forms. These forms will help your attorney and the SSA determine what medical evidence needs to be collected. At times, the forms may seem overwhelming or unclear, which might make it hard for you to complete them correctly or submit them in a timely manner. Due to the importance of completing the paperwork before the deadlines, you should contact your attorney with any questions when filling it out to ensure that it is done completely and properly. 6) Be truthful and consistent in ALL communication with your doctors and the SSA Any dishonesty during the application process will be noticed by the SSA. You will be required to disclose the reasons you are unable to work and your limitations in daily activities to the SSA. Your physicians keep track of every detail you tell them during your office visits; these details are provided to the SSA for review. The SSA will note inconsistencies written in your doctor s or therapist's notes, including drug and alcohol use. Remember it is important to appear credible to the SSA to be successful in winning your claim. Inconsistent statements, whether intentional or unintentional, are almost always cited by judges as the basis for denying a claim. It is very important is to be honest and forthright in all your communications with both your physicians and the SSA. 6

7 7) Do not file for unemployment while applying for disability In most states, attempting to collect unemployment benefits demonstrates that an individual feels ready, able, and willing to work. In contrast, during the application process for disability benefits from Social Security, your lawyer will attempt to prove that you are no longer capable of performing any type of work due to your impairments. Thus, the SSA may consider your request for unemployment benefits inconsistent with your filing for disability if you do them both at the same time. It would imply that you are telling your state government one thing and the federal government something else. 8) Consider seeking vocational rehabilitation services to strengthen a case or help you get back to work Many states, including Ohio, have state-sponsored agencies providing work training for people with disabilities. Vocational rehabilitation can help you obtain, maintain, and prepare for employment through a variety of services including onthe-job training, placement assistance, ability/aptitude testing, and much more. Although it may seem like a contradiction to apply for services from such an agency while applying for disability, people are often surprised to learn these services can actually improve your chance at being approved. Our best clients are typically ones who appear to be motivated to go back to work eventually, and are not seeking disability permanently. Using available vocational rehabilitation services will make your disability claim appear more credible to the SSA while your case is being reviewed, because it demonstrates that you would be willing to work were it not for your disability. Progress notes from vocational rehabilitation agencies are often cited in favorable disability decisions as a basis for supporting the claim, because it is usually the most practical evidence available demonstrating an individual s ability (or inability) to perform work activity. 7

8 Please feel free to contact attorney Michael Liner at Liner Legal to discuss your claim today! Cleveland 4269 Pearl Road, #104 Cleveland, Ohio Akron 12 E. Exchange Street 6th Floor, Suite C Akron, Ohio (by appointment only) Canton 2223 Fulton Rd. NW Suite 107 Canton, OH (by appointment only) Or visit our website at: Enter your information into our website and we will call you! 8

9 Additional Notes We hope this informational e-book has been useful to you. Please be advised that the information contained in this e-book should not be interpreted as legal advice, and is intended to provide you with general knowledge of the subject only. If you are already being represented by a lawyer, you should contact that person with any questions. As a professional courtesy, we do not speak with or give advice to individuals who already have representation. Although this book contains tips and advice that we share with our own or potential clients, your lawyer may have different advice that is better suited to your particular disability claim. 9