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Win Your Social Security Disability Case: Advance Your SSD Claim and Receive the Benefits You Deserve (Sphinx Legal) Paperback – February 1, 2008


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Win Your Social Security Disability Case: Advance Your SSD Claim and Receive the Benefits You Deserve (Sphinx Legal) + How to Get SSI & Social Security Disability: An Insider's Step by Step Guide + Disability Workbook for Social Security Applicants 8th Edition 2012
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Product Details

  • Series: Sphinx Legal
  • Paperback: 368 pages
  • Publisher: Sphinx Publishing; 1 edition (February 1, 2008)
  • Language: English
  • ISBN-10: 1572486414
  • ISBN-13: 978-1572486416
  • Product Dimensions: 8.9 x 7.1 x 1.1 inches
  • Shipping Weight: 1.4 pounds (View shipping rates and policies)
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (11 customer reviews)
  • Amazon Best Sellers Rank: #504,800 in Books (See Top 100 in Books)

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About the Author

Benjamin H. Berkley received his law degree from Western State University Law School. He is licensed in the State of California and is admitted to the United States Supreme Court. He has practiced law for more than 26 years. Mr. Berkley is in private practice and lives with his wife and two children in Southern California.

Excerpt. © Reprinted by permission. All rights reserved.

Excerpt from the Introduction of Win Your Social Security Disability Case

INTRODUCTION

As a disabled person, no one needs to remind you how difficult it is to be able to perform daily activities. When you have your health, you take for granted that when you wake up in the morning you will be able to bathe, dress and feed yourself, and enjoy life. You can open the door to the refrigerator, throw a ball with your son or daughter, and rock your grandchild in your arms. Your world is pain free. But when you are disabled, what you know of daily life turns upside down. Regardless of your disability, doing the simple things is not so simple anymore.

Most claimants who apply for benefits share the following scenario. When you were working, life was great. You felt productive. However, you stopped working because your impairment interfered with your ability to do your job, and when you tried to find less demanding work, no one would hire you with a preexisting condition because employers want people who will show up for work on time and be productive on the job.

Eventually you learned that the government has a program where people can get benefits if they are unable to work. Since your doctor said you were disabled and your employer told you that you cannot return to your previous work because of your disability, you filed an application for Social Security Disability benefits, assuming that within a few weeks you would get a check.

Stop the presses! Your first sign that this was not going to be as easy as you thought was when you were faced with filling out the initial forms. This was followed by more forms and more questions. During this process, you started talking to other people who shared their war stories with you of how difficult their experiences were in applying for benefits.

Finally, the mail arrived and there was a letter from the Social Security Administration. It was a thick envelope, which is usually an ominous indication of something not good, as good news usually is reported in thin envelopes. As you read the letter the words became blurred as your eyes focused on the paragraph that explained why the government says you are not disabled.

The following are excerpts from actual denial letters received by my clients.

"Though you complain about tightness in your chest, difficulty breathing, and are on a waiting list for a heart transplant, it does not appear that your condition will last for twelve months and therefore you are not disabled."

"Though you have a compression fracture of your back and had surgery, and had rods and plates inserted, and are depressed, and have pain . . . you can still do sedentary work."

"Though you have been diagnosed with leukemia and are receiving chemotherapy, your condition does not appear disabling."

"Though you have mental problems, have attempted suicide multiple times, and are receiving psychiatric care, you are able to follow simple directions and can perform your past work as a child care provider."

If you have received such a letter, it would be normal for you to react with anger and frustration. In fact, many clients walk into my office waving their letters, saying:

"I have paid into this system since I was 18. How can they deny me? It's my money!"
"My doctor said I can never go back to work. This can't be right!"
"No one will ever hire me!"

Or even worse:
"I am dying. I have a terminal illness. Do I have to actually die for Social Security to be convinced that I am disabled?"

Does this all seem absurd? Welcome to the world of Social Security Disability appeals. It is the land where everything is out of focus and no matter how many times you clean your glasses and rub your eyes, the picture is blurred.

How do you juggle between treating your disability and managing to get the benefits you believe you are qualified for? Even worse, if you have a terminal illness, how do you fight the biggest battle of your life and still have the energy to contend with the government? You already have enough to worry about with seeing your doctors, going for tests, and taking your prescribed medication. You also know from your doctor that stress aggravates a physical condition.

Win Your Social Security Disability Case was written to guide you through this very difficult period in your life. It will provide all the information needed, from filing your claim to effectively representing yourself at a Social Security hearing. If it becomes too difficult to navigate solo through the sea of Social Security, this book provides resource material as well as referral information in finding an attorney who specializes in Social Security Disability law. (This book is not a substitute for legal representation.) Regardless, even if you do seek representation, this book will assist you in understanding the legal process.

Finally, you cannot allow the Social Security Administration to get in your way of obtaining the benefits you deserve. Aside from all the information that is provided, the best advice I can offer is to never give up!


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Customer Reviews

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It featured all the info one might want and need.
Amazon Customer
Once you read this book it will take the "mystery" out of the law and the process of obtaining Social Security Disability benefits.
D. Fowler
This is one of the better books that I have found on the subject.
T. Borgstadt

Most Helpful Customer Reviews

6 of 6 people found the following review helpful By chorus_girl on November 11, 2011
Format: Paperback Verified Purchase
Best book of the two that I ordered on this subject. It covers a lot of details, including whether or not you should get an attorney. Highly recommended.
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Format: Paperback
Anyone can file for Social Security Disability benefits, but determining who is eligible and who is not isn't as complicated as it may appear to be. However, because there are many people who are not eligible, the "SSA is somewhat jaded ... and takes a very conservative approach in awarding benefits." This book takes a no-nonsense approach to explaining the process of just who is eligible, outlines the application process in terms you'll understand, and does its best to reassure you that if you are eligible, to sit tight and you will eventually win your case.

The SSA will have plenty of forms for you to wade through, but do they "allow you to paint the true picture of your disability?" Not always. Unfortunately, it is a discouraging fact that a full 75% of those who do apply are initially turned down. Getting denied a second or third time is not uncommon. That picture the SSA sees may be one that is a result of inaccurate or inadequate notes on the part of your doctor. Documentation can be very spotty and your beloved doctor might not have time to detail your problems, nor be aware that you are filing for disability.

Once you read this book it will take the "mystery" out of the law and the process of obtaining Social Security Disability benefits. If you're a slacker or think you can buffalo the system, think again because the SSA administration and any lawyer you might think of retaining will figure you out. If you truly feel you are disabled and eligible for benefits, this book will help you feel more calm, secure, and will reassure you that you are not alone and that you'll eventually win your case. This book will guide you if you want to go it alone or help you understand how your representative is approaching your claim.
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1 of 1 people found the following review helpful By blackberrysage on July 2, 2012
Format: Kindle Edition Verified Purchase
This book is the best I've seen regarding the harrowing process of filing for disability. It has everything you need from beginning to end and on. Read the sample.
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Clear information, would recommend it to anyone trying to assist an older relative or itself to claim benefits I recommend it
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This is one of the better books that I have found on the subject. Book gives a thorough walk-thru of what to expect and how to handle each phase of the evaluation and appeals process. Even though the book was released in 2008, the subject matter addressed here hasn't changed significantly enough to dismiss the relevance of this book. I recommend this book to anyone who is anticipating the possibility of having to go through an appeals process.
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By Amazon Customer on September 18, 2013
Format: Paperback Verified Purchase
very comprehensive, This covers all aspects from start to finish. fairly up to date although the online forms change quickly.
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