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In This Issue.....
September, 2004
President's Message
New Legislation Re: Notary Public
CAPA Conference 2005
Trial Preparation
Paralegal Possibilities
Federal Courts to Go Online
Past Issues.....
June, 2004
March, 2004
December, 2003
September, 2003
June, 2003
March, 2003
December, 2002
September, 2002
June, 2002
March, 2002
June, 2001
September, 2001
December, 2001
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POINTS
and AUTHORITIES |
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Issue XIV
August 2004 |
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Paralegal Possibilites
Lisa S. Wagman, CP
How many of you have ever felt like there
has to be more to the paralegal profession then what most people see on the
surface? What new and wonderful things could you do with the knowledge and
experience that you have developed throughout your paralegal career? How can
you apply what you already know, along with your many talents and abilities
to make even more of a difference in society?
This is a concept that I have addressed in
the recent past and have decided to act upon. I believe that there are
unlimited opportunities out there for paralegals beyond the integral
traditional role that we play in the legal world. So I put a plan into
place, set a goal, and have now achieved that goal!
It has always been important to me to reach
out to others and make a difference in the world. After a great deal of
thinking, I decided that there was a great need out there to help disabled
individuals apply for disability benefits and win their claims! This process
is not an easy one for anyone to undertake. It can be extremely overwhelming
and tedious, not to mention frustrating.
I help claimants to obtain Social Security
disability benefits locally, regionally and nationally whether they are
about to file their initial application for benefits, have already been
denied benefits, or are in the appeal stage of their claim.
Most people who apply for disability
benefits are denied on their initial application. They accept this and move
on. However, if they truly are disabled and feel that they are entitled to
benefits, they should never give up! This is where I come in. I guide people
through the overwhelming bureaucratic maze of policies, rules and
regulations that we call the Social Security Administration. I help people
to efficiently process their claims by obtaining and providing the necessary
evidence that is required by SSA to win a positive determination.
The evidence must show that an individual
is unable to work at his or her past job, or at any job in the general
economy, for at least 12 months or longer in order to win an award of
benefits. There are key factors that are taken. It has always been important
to me to reach out to others and make a difference in the world. After a
great deal of thinking, I decided that there was a great need out there to
help disabled individuals apply for disability benefits and win their
claims! This process is not an easy one for anyone to undertake. It can be
extremely
overwhelming and tedious, not to mention frustrating.
I help claimants to obtain Social Security
disability benefits locally, regionally and nationally whether they are
about to file their initial application for benefits, have already been
denied benefits, or are in the appeal stage of their claim. Most people who
apply for disability benefits are denied on their initial application. They
accept this and move on. However, if they truly are disabled and feel that
they are entitled to benefits, they should never give up! This is where I
come in. I guide people through the overwhelming bureaucratic maze of
policies, rules and regulations that we call the Social Security
Administration. I help people to efficiently process their claims by
obtaining and providing the necessary evidence that is required by SSA to
win a positive determination.
There are key factors that are taken into
consideration in the evaluation of a claim. They include but are not limited
to factors such as age, educational level, vocational background, physical
and mental impairments, severity of pain and medicinal side effects.
Evidence consists of medical records and
reports, vocational records, possibly vocational evaluations, certifications
of witnesses to address the claimant’s activities of daily living, and
certifications of physicians to provide a medical opinion on the claimant’s
physical and mental impairments and the resulting limitations from these
impairments.
When a claimant is about to apply for
disability benefits, they must complete an extensive application at their
local
Social Security Administration field office, by telephone, or through their
official website. They must also provide numerous personal documents in
support of their claim as well as evidence to prove that they are disabled.
The first mistake that most people make at this stage of the claim process
is that they rely solely upon SSA to obtain all of the evidence needed to
prove their claim. Unfortunately, the claims adjudicators do not have the
time to accumulate all of the required evidence and very often obtain only a
scaled down version of the medical records and they may not request past
work records into consideration in the evaluation of a claim. They include
but are not limited to factors such as age, educational level, vocational
background, physical and mental impairments, severity of pain and medicinal
side effects.
Evidence consists of medical records and
reports, vocational records, possibly vocational evaluations, certifications
of witnesses to address the claimant’s activities of daily living, and
certifications of physicians to provide a medical opinion on the claimant’s
physical and mental impairments and the resulting limitations from these
impairments.
When a claimant is denied benefits on their
initial application, they have 60 days from the first denial to file for
reconsideration. This involves filling out additional paperwork and making
sure that all additional pertinent evidence is submitted to SSA for
consideration. If the claim is denied on the reconsideration level, an
appeal must be filed within 60 days of the second denial and the claim will
now be decided at a hearing before an Administrative Law Judge. Any
additional evidence to prove the claim must be submitted for consideration
by the AJL prior to the hearing.
Most individuals do not know how to
properly process their claims and do not understand the complicated analysis
that is utilized by SSA when determining a claim. Therefore, it is essential
that a claimant retain a Social Security disability representative from the
outset of their claim to ensure that the proper evidence is submitted to SSA
for consideration. By doing this, a claimant has a much better chance of
winning an award of disability and it will effectively speed up the process.
It is my hope that I will be able to make a
difference in many people’s lives by helping them to obtain the disability
benefits they so desperately need. I feel that my background and experience
as a practicing paralegal in personal injury litigation has provided me with
the necessary knowledge and skill to help people obtain the disability
benefits that they are entitled to.
While it takes a lot of energy and
motivation to make a change in your professional life, your dreams and
desires can come true if you really set your mind to it. Never second guess
your skills, competence and abilities. Soar to a higher plateau and never
stop until you are satisfied that you have reached your professional
destination! Best of luck on your professional journey! |
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