Pashler law review article cited favorably by Judge Posner for a Seventh Circuit panel when granting claimant’s benefits.

Read the decision: click here.

Toll Free: 1-855-474-1LAW
Local: (716) 874-1739
Fax: (716) 531-4923

11 Summer Street
Suite 3W
Buffalo, New York 14209

View Map

Social Security FAQs

Buffalo disability attorneyAs you discuss your case with a Social Security disability lawyer in Buffalo, many questions will likely arise. Here are just a few of the common questions that a Social Security disability lawyer in Buffalo can expect to hear and the corresponding answers.

Do I Have to Obtain Medical Records for My Social Security Disability Lawyer in Buffalo?

No. Your Social Security disability attorney in Buffalo can handle this task and he or she may even prefer to take care of this.

What Do I Do If I Am Given a Report?

Even if you do not seek out certain information yourself, you may be given some type of medical record by your treating physician. If you get this information, send a copy to your Social Security disability attorney in Buffalo.

What Do I Do If I Get a Form from the Judge?

In some cases, claimants may receive a form that is to be completed by their doctor. This form usually centers around the claimant’s ability to complete certain work activities. If you do receive a form of this nature, contact your Social Security disability lawyer in Buffalo immediately for advice on what to do.

Should I Send Information to the Judge?

As a general rule, you should not submit any information to the judge without first discussing it with your Social Security disability lawyer in Buffalo.

Should I Send My Social Security Disability Lawyer in Buffalo the Acknowledgement that I Receive with the Notice of Hearing?

Simply indicate on the notice of hearing whether you will be attending the hearing. This should be sent to the judge. However, your Social Security disability lawyer in Buffalo may recommend that you do not send anything else to the judge.

Do I Have to Fill Out Forms Before the Hearing?

Typically the judge will send you a variety of forms that you must complete before the hearing. These forms may ask you about medications that you have been taking and medical treatment.

If you have any other questions, contact a Social Security disability attorney in Buffalo from Pashler & Devereaux – New York Disability Law Firm at 716-874-1739.

Posted in Uncategorized | Comments Off

The Function of the Administrative Law Judge in a Social Security Disability Case

SSD lawyer in BuffaloClients represented by an attorney from the Buffalo Social Security disability law firm frequently have questions about the Administrative Law Judge (ALJ).

Your Buffalo Social Security Disability Attorney Explains the Functions of The ALJ

The ALJ will hear the case for benefits presented by you and your attorney from the Buffalo Social Security disability law firm. Your case having been denied after you first applied and requested reconsideration doesn’t matter in a hearing before an ALJ. The ALJ will not be clad in black robes and you won’t have to stand when he or she enters or leaves the room. However, the ALJ needs to be respected. The ALJ will listen to the evidence in the case and make an independent judgment on whether or not you’re entitled to receive disability benefits.

An Attorney from a Buffalo Social Security Disability Law Firm Is Familiar with These Hearings

The hearing before the ALJ is not an adversarial situation for you and your Buffalo Social Security disability attorney. You won’t be cross-examined by another attorney. It’s unlikely that the judge will cross-examine you. The judge is simply seeking facts in order to make a decision; that’s all.

Your Buffalo Social Security Disability Attorney Will Advise You on How to Behave

While you might feel anger at your claim having already been rejected twice when you go before the ALJ, your attorney from the Buffalo Social Security disability law firm will tell you that it is unwise to take that out on the judge. The judge didn’t have anything to do with it and is your last and best chance to win an appeal. Treat the judge respectfully and use your own words, not legal or medical jargon you don’t understand. Act as if the judge is a longtime friend.

Contact an Experienced Lawyer from the Buffalo Social Security Disability Law Firm

If you have questions about the ALJ, an attorney from the Buffalo Social Security Disability Law Firm can help. Call Pashler & Devereaux – New New York Disability Law Firm at 716-874-1739 today.

Posted in Uncategorized | Comments Off

Questions You May Be Asked at Your Disability Hearing

Buffalo disability attorneyFollowing is a list of questions that you may be asked at your disability hearing by either your Social Security disability lawyer in Buffalo or the administrative law judge. Some of these questions may not seem relevant to your disability case.

The most important part of your testimony before the judge is the information that demonstrates your limitations to the judge, says a Social Security disability attorney in Buffalo.

Basic Information

According to a Social Security disability lawyer in Buffalo, you will need to provide the ALJ with your basic information, including your name, address and your Social Security number. You will also need to give your date of birth, your current age and the age you were when your disability began.

Educational Background

The ALJ will also want to know about your educational background, says a Social Security disability lawyer in Buffalo. The judge may ask you:

  • What was the highest grade you completed in school?
  • If you did not finish high school, did you obtain a G.E.D.?

If English Is Your Second Language

The ALJ will want to get an idea of your ability to do different jobs. According to a Social Security disability lawyer in Buffalo, if English is your second language, the judge may ask you the following questions:

  • Were you born in the U.S. or in another country?
  • If you were born outside the U.S., what country were you born in?
  • What was your first language?
  • Where did you attend school?
  • When did you move to the U.S.?
  • When you are at home, what language do you and your family speak?
  • Do you read the mail at your house? Or does someone else read the mail?
  • Can you read in your first language?

Literacy Levels

Many jobs require workers to read and write at a certain level, says a Social Security disability lawyer in Buffalo. The judge may ask questions about how well you read and write. Following are some example questions:

  • Did you attend any special education classes in school?
  • Would you classify yourself as an average reader, if you know that an eighth-grade level is considered average?
  • If your reading abilities fall below an eighth-grade level:
    • Are you able to read and follow newspaper articles?
    • Would you be able to read or write down a simple list or instructions to do something?
  • If you are not able to read, an ALJ may ask you the following questions, says a Social security disability lawyer in Buffalo:
    • Does anyone read for you? If so, who reads for you?
    • Does someone help you fill out job applications? If not, how do you handle them?
    • How did you fill out your forms for SSA?
    • How were you able to get your driver’s license?
    • Are you able to do basic math such as adding, subtracting or making change?
    • Did you ever receive any vocational training? If so, did you finish the program and when?
    • Can you describe any on the job training that you have received?
    • Were you in the military? Can you describe any training you received from the military?

    The above questions deal with your overall background. Most of them do not deal directly with your disability, says a Social Security disability lawyer in Buffalo. The judge will also ask you questions about your medical condition and how it affects your daily life. If you have questions about applying for disability benefits, you may want to speak to an experienced Social Security disability attorney in Buffalo. Call the offices of Pashler & Devereaux – New York Disability Law Firm at 716-874-1739 to speak with a Social Security disability attorney in Buffalo.

Posted in Uncategorized | Comments Off

Tax Questions about Social Security Disability Benefits

Social Security disability lawyer in BuffaloAfter you have been approved for Social Security disability benefits, you may wonder how this will affect your personal budget. In particular, there are certain tax ramifications that you may wonder about. Here are just a few of the questions that a Buffalo SSD attorney is accustomed to hearing:

Do I Have to Pay Taxes on Social Security Disability Benefits I Receive?

Your Buffalo SSD attorney can explain that most of the time claimants do not have to claim taxes on benefits. However, your Buffalo SSD attorney will likely tell you that there are exceptions. Your Buffalo SSD lawyer can tell you that taxes are based on your total income. However, individuals who have combined incomes that are greater than $35,000 or individuals who have incomes greater than $25,000 will be required to pay income tax on part of their benefits. To come up with the adjusted gross income, the Internal Revenue Service uses the figure listed on Form 1040, in addition to one-half of the total amount of benefits that were received for the calendar year. Additionally, your Buffalo SSD attorney can explain that non-taxable interest is also added in. Single individuals with incomes in excess of $34,000 or married couples who have incomes in excess of $44,000 will have to pay tax on a higher portion of their benefits.

How Will Receiving a Workers’ Compensation Offset Affect My Tax Liability?

One of the more complex subjects that your Buffalo SSD attorney can discuss with you is how your workers’ compensation claim can affect your tax liability. For example, your Buffalo SSD lawyer may inform you that when a claimant’s benefits are reduced, the claimant must include the benefit amount that was not paid when calculating their benefits’ taxability.

How Will Receiving a Workers’ Compensation Offset Affect My Child’s Tax Liability?

Your Buffalo SSD attorney can explain that if your child gets benefits on your account, these benefits will only count for when considering whether the child has to pay taxes on the benefits that he or she received.

If you have any other questions, a Buffalo SSD attorney may be able to answer them. Contact a Buffalo SSD lawyer from Pashler & Devereaux – New York Disability Law Firm at 716-874-1739.

Posted in Uncategorized | Comments Off

Understanding Vocational Experts

disability attorney in BuffaloIn some SSD cases, the administrative law judge (ALJ) might seek testimony from a vocational expert (VE). While the judge often appoints their own expert, your Social Security disability lawyer in Buffalo could also introduce testimony from a VE. Even if your Social Security disability attorney in Buffalo does not call a VE, they could offer a written opinion from their own VE in the case. 

The Role of a Vocational Expert

When people think of expert testimony, they often think of medical experts. However, VEs are used much more frequently in SSD cases than medical experts. However, our Social Security disability attorney in Buffalo has discovered that VEs do not always have the same type of training and background, so, when they testify, they could offer a wide range of opinions because of huge differences in their experience and knowledge. In addition, our Social Security disability attorney in Buffalo has found that they could be prejudiced against clients.

The Purpose of a Vocational Expert

The SSA uses VEs in order to prove that they have the right to deny benefits. However, our Social Security disability lawyer in Buffalo reports that the judge is usually seeking a further explanation and more details about a person’s disability. While the Medical-Vocational Guidelines provide some information, the testimony of a witness gives a personal touch and allows for give-and-take dialogue in the case. The VE elaborates on the ability of the claimant to work when considering work history, age and education.

Our Social Security disability lawyer in Buffalo will review options for expert testimony with you, including the possibility of putting a vocational expert on the stand or submitting a written opinion. If you have questions about your SSD case, call Pashler & Devereaux at 716-874-1739.

Posted in Uncategorized | Comments Off

Two Mistakes to Avoid in Your SSD Case

Buffalo veteran disability law firmTo minimize mistakes in your SSD case and ensure that the SSA gets all the required information, you should retain a knowledgeable Buffalo disability lawyer.

Your Buffalo disability lawyer will steer you away from the following two major mistakes by claimants:

  • Failure to appeal. More than 50% of applicants fail to deny appeals, and many claimants whose request for reconsideration is denied does not request a hearing.
  • Failure to receive the necessary medical treatment. This is not common, but it is still a serious mistake. When those who suffer from long term chronic medical problem don’t experience improvements, they sometimes feel let down by doctors and stop doctor visits. But your Buffalo disability lawyer will urge you keep seeing your doctor for both medical and legal purposes. You need medical treatments if you suffer from chronic medical problems, and records from treatments can be used to prove your disability.

You don’t have to send medical records to the SSA, since they will obtain them by themselves. You have the option of sending them a doctor’s letter, but you should discuss this with your Buffalo disability attorney first. A few people do win their cases by using letters written by their doctors, but because medical issues are generally complicated in disability cases, a doctor may mistakenly offer a wrong impression in his letter. It’s always safe to let your lawyer handle acquisition of medical reports.

If you require a Buffalo disability lawyer to assist you with applying for SSD benefits, please call the law offices of Pashler & Devereau at 716-874-1739 (P) or fax us at 716-531-4923. Your case evaluation is absolutely free.

Posted in Uncategorized | Comments Off

Finding of Disability

Buffalo Social Security disability lawyerAs you progress with your Social Security case, your Buffalo Social Security disability attorney is responsible for informing you of the process ahead. The most important aspect of your case that a Buffalo Social Security disability attorney is the finding of disabled.

Listing of Impairments

One way that your Buffalo Social Security disability attorney may explain that you can be found to be disabled is by meeting one of the conditions found in the Listing of Impairments. This list contains different medical findings. Your Buffalo Social Security disability attorney can explain that if you meet these findings, you will be found to be disabled without the court or administration reviewing your ability to perform past relevant work. Additionally, a Buffalo social security disability attorney can explain to you that you can be found to fall under the Listings if you have an impairment that is equivalent in severity to a different impairment that is part of the Listing. A Buffalo social security disability attorney can explain factors that may affect whether you fall under the Listings. For example, your Buffalo social security disability lawyer may tell you that a treating doctor’s opinion can play a role in this finding. However, your Buffalo social security disability lawyer will also explain that the Social Security Administration makes the final decision regarding whether your condition coincides with the Listings.

Medical-Vocational Guidelines

The other way that a Buffalo Social Security disability attorney can explain you can be found disabled is to qualify under the Medical-Vocational Guidelines. After showing that you cannot perform past relevant work, these guidelines serve as a framework for decision makers. Based on a person’s age, work, education and RFC, a decision-maker can determine whether a person is considered disabled or not.

Legal Assistance

If you would like to find out if your condition should qualify you for disability because you meet the Listing of Impairments or the Medical-Vocational Guidelines suggest that you are so disabled, a Buffalo social security disability lawyer may be able to help. Contact Pashler & Devereaux at (716)874-1739 for more information.

Posted in Uncategorized | Comments Off

Developing Strong Testimony in an SSD Case

Buffalo Social Security disability attorneyWhen a witness needs to testify in an SSD case, their testimony could potentially help or hurt the claimant. Our Buffalo SSD attorney can work with witnesses so they have more confidence when they are on the stand. In addition, our Buffalo SSD lawyer provides examples of strong and weak testimony so that clients understand the difference between the two.

Examples of Strong and Weak TestimonyIn weak testimony, the witness will simply state that the plaintiff suffers from the impairment, such as lupus or multiple sclerosis. However, if the lay person is a not a medical professional, they might not accurately represent the disability, which could be caused by other underlying factors. Our Buffalo SSD attorney has also observed that a strong testimony will include a statement from a doctor, descriptions of the person’s actions that characterize the condition and observations of how many times the witness has observed the condition. Even if the disorder is labeled incorrectly, the judge will seriously consider the specific description of the symptoms. Talk to our Buffalo SSD attorney if you have further questions about testifying.

Describing Symptoms Instead of Diagnosing the Claimant

Instead of placing a specific label on a person’s condition, the witness should describe the person’s symptoms. For example, if the plaintiff suffers from COPD, the witness could explain that the person has difficulty breathing after the smallest amount of exertion. Our Buffalo SSD attorney recommends taking this approach in order to allow the court to make their own decisions regarding diagnosis. At this point, the nature of the condition is not the focus, but the judge will want to fully understand the effects of the disability on the person’s daily life. Remember, according to our Buffalo SSD attorney, a medical professional can fill in additional information on a specific diagnosis.

If you need help with your testimony in court, call our Buffalo SSD lawyer. You can reach Pashler & Devereaux at our New York disability law firm at 716-874-1739. Our Buffalo SSD attorney is waiting for your call.

Posted in Uncategorized | Comments Off

Orthopedic Disabilities from Military Service

kathleenService members often suffer orthopedic disabilities when serving in active duty status. You do not need to have been seen action to qualify for benefits. If you have been disabled, however, it is very important that you consult a Buffalo veterans disability law firm

How Orthopedic Injuries Occur on Duty
A lawyer at a Buffalo veterans disability law firm can attest to the dangers our military personnel face each day, even when they aren’t overseas. Loading trucks, hauling munitions and carrying loads on practice treks take their toll. In some cases individuals do not experience problems until years afterward, as the damage often tends to be cumulative.

The representative you speak with at your Buffalo veterans disability law firm will tell you that service-connected disability benefits for orthopedic injuries long after leaving the service can be somewhat problematic, but not impossible. Part of the difficulty is in ascertaining to what degree military service contributed to the disability. Moreover, because everything in the body works together, damage to one part can cause injury to another. For instance, if one suffers injury to a leg, the spine can ultimately be affected as well.

A Buffalo Veterans Disability Law Firm Can Help
An attorney can help you prove that an orthopedic disability you have incurred is the result of your military service. This will entail a review of the types of duties you performed, what types of training exercises you engaged in, whether you suffered injury during your active service, etc. Should you suffer soft-tissue injuries, your lawyer will work to prove that they cause such disruption to your ability to engage in basic activities as to render you disabled.

Call a Buffalo Veterans Disability Law Office Today
If you have suffered an orthopedic disability that you believe stems from active military service, contact a Buffalo veterans disability law firm today. Call Pashler & Devereaux at 716-874-1739 (FAX 716-531-4923).

Posted in Uncategorized | Comments Off

Determining Disabiltiy

chris

A Buffalo social security disability attorney can tell you that regulations related to making a determination of disability are usually applied to those physical impairments that affect a person’s ability to sit, stand, walk, lift, bend or work with their hands. Additionally, a Buffalo social security disability attorney can explain that claims related to mental impairments are usually more complicated. Ultimately, you and your Buffalo social security disability attorney will work together to try to meet your burden of proof of showing that you are disabled.

Under Age 50

For this age group, your Buffalo social security disability attorney will explain that you cannot perform a job that requires a lot of sitting or a job that alternates between sitting and standing.

Under Age 55

At this age, your Buffalo social security disability attorney will explain that you must show that you cannot perform light work.

Age 55 and Up

Your Buffalo social security disability lawyer can explain that the requirement to prove disability is more lax at this age. Here, you must only show that you are unable to perform medium work. Your Buffalo social security disability lawyer can help you prove this information by asking you questions during your disability hearing. You may also answer questions posed to you by the judge. Furthermore, your lawyer can present evidence that proves these things.

If you would like more information about how you could be determined to be disabled, contact social security disability lawyer Chris Pashler by calling 716-874-1739 and scheduling a consultation.

Posted in Uncategorized | Comments Off

© 2013 Law Offices of Pashler & Devereaux - All rights reserved.

Proudly serving Western New York, including Buffalo, Niagra Falls, Tonawanda, Kenmore, West Seneca,

Lakawanna, Hamburg, Cheektowaga, Jamestown, Dunkirk, Lockport, Pembroke, Batavia and Olean.

Attorney marketing and law firm web design

Entire site copyright James Publishing, Inc.