Myths and Truths

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0 height="100%"><tr> <td valign="top" rowspan="2" width=210 BGCOLOR="#99CC99" TEXT="#080000" bgproperties="fixed" background="0728dfc3.jpg"> <div> <B>The Law Office of</B></div> <div> <B> Lawrence I. Heller</B></div> <div> <B>One East Main Street </B></div> <div> <B>Suite 950</B></div> <div> <B>Rochester, NY 14614</B></div> <div> <B>(585) 262-2304 phone</B></div> <div> <B>(585) 454-3595 fax</B></div> <div> <B>(888) 782-7877 toll free</B></div> </td> <td valign="top" colspan=2 height=82 BGCOLOR="#CCCC99" TEXT="#080000" bgproperties="fixed" background="0738dfe1esnpes.jpg"> <div> <FONT SIZE="5" COLOR="#336666" FACE="Arial" ><B>Law Office of Lawrence I. Heller</B></FONT><B>     </B><B>|</B><B>     </B><A HREF="index.htm" TARGET="_top" TITLE="Law Office of Lawrence I. 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To meet this definition, you must have a severe impairment which makes you unable to do your previous work or <U>any</U> other work which existed in the national economy.</div> <bR> <div> Each program is a multistep process.  First is the initial application.  If denied, a person has 60 days to file for a Hearing before an Administrative Law Judge.  The whole process usually takes anywhere from 1.5 to 2 years.  The majority of individuals who apply for either or both programs are not successful at the first two levels.  However, the odds of being successful change one the individual has filed for a hearing and has their matter heard by an Administrative Law Judge particularly if they have a representative knowledgeable about the system and how it works.</div> <bR> <div> Things to remember when filing for one or both programs would include:</div> <div> <IMG BORDER="0" SRC="Symb075c00b700f000000000.gif" HEIGHT="16" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Be sure to include all impairments as well as subjective complaints such as pain, fatigue, swelling, stiffness, depression, side-effects to medications, etc. as well as restrictions sustained sitting, standing, walking, lifting and carrying and any restrictions in daily activities of living;</div> <div> <IMG BORDER="0" SRC="Symb075c00b700f000000000.gif" HEIGHT="16" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">All information given to Social Security must be verified by your doctors; and your doctors must place physical and/or mental restrictions on your ability to work, daily activities, and must also provide diagnosis with supporting tests and examination reports;</div> <div> <IMG BORDER="0" SRC="Symb075c00b700f000000000.gif" HEIGHT="16" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">Everyone who files has a right to representation, however a representative is not required;</div> <div> <IMG BORDER="0" SRC="Symb075c00b700f000000000.gif" HEIGHT="16" WIDTH="24" ALIGN="bottom" HSPACE="0" VSPACE="0">If a person does want representation, a representative may only charge a fee if you win and then only up to 25% of past due benefits (for you and your family) with a total maximum fee of $5,300.00 which is subject to approval from the Social Security Administration.</div> <bR> <div> Remember, the ultimate question is whether an individual could, based on objective medical evidence, theoretically do a full-time, sitting job, not only whether you can do the job(s) you used to do.</div> <bR> <div> By Anne L. Lang and Karen Dimmick, Paralegals of the Law Office of Lawrence I. Heller.</div> <bR> <bR> </td> </tr></table></body>