The firm of Roboostoff & Kalkin in San Francisco has garnered national attention for the aggressive representation they provide their clients. The firm specializes in ERISA cases and disability is most of what they do.
Hiring an attorney for a Social Security Disability case can increase your chances of success. Social Security Disability begins with a simple question: "Can you work?" Unfortunately, the manner in which the question is determined is far more complicated. The statutes, regulations, administrative rulings, court holdings and procedural requirements are enough to frustrate anyone.The Basic Premise of Social Security DisabilityTo be successful on a disability claim, the applicant must not only be prevented from performing their past work, but any other work that is available on a national basis. For example, an applicant is a carpenter by trade. A physical disability prevents returning to that profession If Social Security determines that the carpenter can perform less demanding occupations, it will deny the application. Disabilities are broken down into two main sets, physical disabilities and mental disabilities. Often there is a combination of both physical and mental disabilities that will prevent an individual from working.Physical DisabilitiesThe Social Security Administration has a long list of physical disabilities, and how they must be treated, depending on the age, education, past work experience, and the severity of the physical disability. The listing is commonly referred to as the grid. The Administration will have to determine whether the claimant's level of exertion is sedentary; light, medium, heavy, and very heavy. Heavy and very heavy levels are not considered disabled, unless combined with some form of nonexertional limitations. Sedentary, light and medium limitations may qualify for disability, depending on the claimant's age and past work skills Mental ImpairmentsThe Administration also has a listing of mental impairments covering a wide array of mental disabilities. The severity of the impairment is classified as slight, moderate marked and extreme. With any mental impairment, the keys to determination are how the disability affects the claimant's ability to function in an employment setting. Ability to follow instructions, concentrations, antisocial behavior or the ability to arrive timely to work all need to be considered by the Administration Why an Attorney Can Become ImportantAn experienced disability attorney will understand which factors are important for Social Security purposes. Well meaning claimants often omit symptoms or indicators of disability on their evidence submitted to the Administration. Even many doctors are not familiar with Social Security procedures. Thus, they may simply may a general statement that a claimant is disabled, which is insufficient for Social Security purposes. The attorney will be able to assist both the claimant and the claimant's medical providers to present the best evidence possible for the claim.
A lawyer generally cannot stop representing a client in the middle of a case without permission from the court. However, a lawyer may withdraw from representation if it would be difficult to continue effectively representing the client, such as due to a breakdown in communication or ethical conflicts. The court would need to approve the lawyer's request to withdraw and ensure that it does not harm the client's rights.
Yes, in West Virginia, a family member who is a lawyer can represent another family member in family court as long as they are licensed to practice law in the state and do not have a conflict of interest. It is important to disclose the relationship to the court and ensure that the lawyer can provide unbiased representation.
If you wish to sue your present lawyer for malpractice, you will probably want a lawyer to litigate that for you. The fact that your case was delayed or even lost is not proof of malpractice. You would need to fire your present attorney and hire an attorney to review the details of your file to determine whether you have a malpractice case.
You need a personal injury lawyer in any issue that involves an accident, injury, negligence, body altercation, in other issues. The types of injuries and accidents almost certainly require a lawyer's help are Long-Term or Permanently Disabling Injuries, Severe Injuries, Medical Malpractice, and Toxic Exposure.
One can find a lawyer to assist in long term disability insurance claim in the phone book under lawyers. The lawyers often dealing with long term disability insurance will help you get paid when you have a disability.
As long as that lawyer also has a degree or license from California.
When trying to select a lawyer to represent you in a long term disability case you will first need to look at his background to be sure he is qualified. After you look over his qualifications and education, you will want to find out what the win/loss ratio of his cases are. If the lawyer loses more cases than he wins, you may want to look elsewhere.
Probably. You can appeal the decision yourself, but your chances of getting your disability application approved are much better if you have a lawyer. A lawyer knows what to expect and can plan ahead for those contingencies. He is also more likely to know the person deciding your case and have developed a personal relationship with that person.
Yes as long as you are not receiving unemployment assistance.
In an at will employment state the employer has the right to fill an open job, especially if it is affecting their business. However, if the disability is work related - Get a lawyer.
In California, an employer generally cannot fire an employee solely for being on long-term disability if the employee is protected under the Fair Employment and Housing Act (FEHA) or the Americans with Disabilities Act (ADA). However, if the employer can demonstrate that the termination is based on legitimate business reasons unrelated to the disability, it may be permissible. Employees on long-term disability still need to comply with company policies and may be subject to termination for reasons not related to their disability. It’s advisable to consult with a legal expert for specific cases.
When a person is injured in a manner that causes permanent or long-term disability, he experiences a great sense of loss. He worries that he will be dependent on others for the rest of his life and also worries about how he will pay his expenses while he is immobile or otherwise disabled. One of the best things that an injured victim can do is to hire a lawyer that has a specialized knowledge in disability insurance law.Social Security DisabilityThe federal government provides Social Security Disability benefits to individuals who meet a certain criteria. A disability lawyer is familiar with the rules and regulations of the Social Security disability program and can help a victim apply for benefits. A disability lawyer can also ensure that the disabled individual sees a professional healthcare provider and receives all the documentation that he needs to prove the severity of his injuries. The Social Security disability program provides compensation for individuals who suffer from an enumerated list of illnesses or injuries. If the client does not suffer from a specific illness or injury on the list, the administration will evaluate whether the illness or injury is sufficiently similar enough to one of the listed illnesses or injuries. The lawyer will also prove how the disabling illness or injury will last for one year or more, according to the requirements of the Social Security Disability program. A disability lawyer can help assemble the information that a client needs in order to file his claim and the disability lawyer can also help the client receive as much compensation as possible.Workers' CompensationExperts in disability insurance law can also help individuals who were injured while completing a work related task. Disability lawyers can ensure that victims receive the benefits that they are entitled to receive from the Workers' Compensation program. A lawyer can help victims file a claim, complete an accident report form and schedule doctors' visits for the client. He can also follow up with the client and retain his medical records in case his injuries are called into question or the severity of his injuries are disputed by his employer. A disability lawyer can help an injured worker receive the disability insurance that he receives.Disability lawyers provide assistance to clients who desperately need an ally on their side in order to receive the compensation they deserve.
You can find one in your area by visiting www.longtermdisabilityattorney.com. You can also check with The ERISA Law Group.
One can find a bankruptcy attorney in California from the following sources: California Bankruptcy, NOLO, Lawyers, Find Law, Long Beach Bankruptcy Lawyer, Fox Business.
You can reopen a divorce case according the lawyer we consulted within 6 months after you received the judgement.
Answered by Reid Breitman. This is for information only and you should consult a lawyer before relying on anything on the internet. About 60 miles.