Cynthia G. Starkey
Attorney at Law
HomeWhy?

Why Do I Need a Social Security Attorney?

If your claim for Social Security Disability Insurance or your application for Supplemental Security Income (SSI) has been denied, there is a four-step appeals process ranging from an administrative review including an administrative hearing before an administrative law judge to a federal court action. Many deserving people are denied disability benefits by the Social Security Administration.

To be successful in your appeal, generally two things are needed. One, you must have medical records from a treating doctor with findings that substantiate your disability and inability to work. There are many regulations and laws derived from cases that define and characterize whether or not you are able to perform work. Two, it is helpful if your treating physician or treating psychiatrist/psychologist is willing to write a letter or complete a form indicating that you are unable to work. Additionally, there are categories of impairments called the Listing of Impairments. If your disability falls into one of the categories, your appeal may be easier to win depending upon the medical evidence.

My job is to secure all of your medical records during the period of disability and perhaps during the period before you stopped working. The Social Security Administration is not always able to obtain all of your records when you first apply for benefits. When your case is sent for hearing, often the updated records are not requested unless you are represented by an attorney. Obtaining ALL the medical evidence is the first step in appealing your case.

After all the records are requested, my job is to work with you in trying to obtain a letter or form from your doctor which is supportive of your claim for disability. If your disability falls within one of the categories Social Security uses to determine disability, your doctor will be asked to verify whether or not a category is applicable.

In addition, it is my job to advance arguments before the Social Security Administration and at the administrative law hearing in support of your claim for disability benefits. Often, the Social Security Administration will send you to be evaluated by a doctor who is paid by the Administration to determine whether or not you are able to work. These evaluations typically last less than 15 to 30 minutes. The doctors are usually not sent any of your treating medical records and the evaluations are often not supportive of your claim for disability benefits. These evaluations form the basis of denials in the overwhelming majority of cases. My job is to refute the findings of these evaluations in favor of the findings and conclusions of your treating doctor.

Finally, my job is to educate you regarding the process of your appeal, file all the paperwork needed, keep track of deadlines, and apprise you of each new development in your appeal.