Social Security & SSI
Do I Need A Lawyer
AM I DISABLED?
To be considered disabled, a person must be unable to do any substantial gainful work due to a medical condition (physical, mental or a combination of problems) which has lasted or is expected to last for at least 12 months in a row. The condition must be severe enough to keep a person from working not only in her/his usual job, but in any other substantial gainful work. SSA in making their determination takes into consideration your medical condition, age, education, training and work experience.
WHAT DO I DO IF I'VE BEEN DENIED BENEFITS?
You should not be discouraged if you have been denied benefits; this does not mean you are not disabled. It is not unusual to receive a denial on the initial determination or on the request for reconsideration. Most Social Security disability/SSI cases are won at the appeal (hearing) level. The appeal stage is where an attorney can help you the most.
The following is a brief overview of the process SSA uses in determining your claim. You must first file an application for Social Security disability and/or SSI benefits. At that time, you will need to provide the Social Security Administration with your medical and employment background. After all necessary documents/records have been obtained, your file will be reviewed and an initial determination will be made. If you receive a denial, you must request a reconsideration of the decision within sixty days of the notice.
Your case is then evaluated a second time and a decision will again be issued. If you receive a denial, you again have sixty days in which to file your request for hearing. If you do receive a second denial, you should immediately contact our office before going any further so we may assist you in preparing your claim for a hearing. It is important that you contact us as soon as possible after receiving your second denial so that we have an opportunity to review your file at the local Social Security office before it has been sent to Minneapolis. Once a request for hearing has been filed, your file is immediately sent to Minneapolis for assignment to a judge and it is difficult for us to get your file back from Minneapolis to review. Your file contains valuable information such as medical records, SSA evaluation notes, etc., all of are important to your claim.
WHAT IS A HEARING?
The hearing is an important step of the appeal process, where you and your attorney have an opportunity to present your case.
Your hearing will be conducted by the Office of Hearings and Appeals and an Administrative Law Judge will preside over the hearing. The hearing is private. The only people present will be you, your attorney, the judge, an assistant and any witnesses who may be testifying.
DO I NEED AN ATTORNEY?
You have the right to have an attorney represent you in your Social Security case. Although representation may not be absolutely necessary in all cases, statistics have shown that people represented attorneys have been successful more often than people without attorney representation. Whether you hire an attorney is entirely up to you; but you should consider the advantages of hiring an attorney by examining what our office will do for you in your Social Security case. We are here to assist you in what can often be a frustrating and time consuming process with the federal government. We are here to help.
William F. Laman
Bill Laman graduated from DePaul University Law School in 1972. He is a member of the National Organization of Social Security Claimants' Representatives (NOSSCR). He is also a member of the American Trial Law Association, the Wisconsin Bar Association Wisconsin Academy of Trial Lawyers, Wisconsin Bar Association of Criminal Defense Lawyers and National Association of Criminal Defense Lawyers.
He has successfully represented hundreds of social security disability and SSI clients in over 30 years of practice.
Former member Board of Directors, Wisconsin Association of Criminal Defense Lawyers
Laman & Swenson Law Offices
118 East Grand Avenue
Post Office Box 185
Eau Claire, WI 54702
Toll: 800-934-0334
Tel: 715-835-7779
Fax: 715-835-2573
E-mail: wflamanlaw@ameritech.net
Directions:
I-94 from Hudson
Take 1st Eau Claire Exit #59, going to past Menards on Highway 12. Exit right onto Clairemont Avenue. Turn left from Clairemont onto Cameron Street. Turn right at stoplight onto Barstow Street. At first stoplight (Eau Claire Street) turn right, follow curve and go 2 blocks to corner of Graham and E. Grand Avenues.
Hwy 37 from Mondovi
Take Hwy. 37 and turn left onto Hwy 12 (Clairemont Avenue). Turn right from Clairemont onto Cameron Street. Turn right at stoplight onto Barstow Street. At first stoplight (Eau Claire Street) turn right, follow curve and go 2 blocks to corner of Graham and E. Grand Avenues.
Hwy. 53 from Chippewa Falls
Hwy. 53 to Main Street stoplight. Turn right onto Main Street. Take Main Street to Barstow Street and turn right. Go one block and turn left onto E. Grand Avenue. Go one block to Graham Avenue.
Hwy. 12 from Fall Creek
Hwy.12 to Hwy. 53 Exit. Follow 53 North, turn left onto Main Street. Take Main Street to Barstow Street and turn right. Go one block and turn left onto E. Grand Avenue. Go one block to Graham Avenue.
I-94 from Osseo
I-94 to Hwy. 53 Exit. Follow 53 North, turn left onto Main Street. Take Main to Barstow Street and turn right. Go one block and turn left onto E. Grand Avenue. Go one block to Graham Avenue.
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