Working Against the Clock to Prevent a Denial
In a recent case, a claimant undergoing treatment for advanced cancer was at risk of losing both their disability case and their home.
Social Security was preparing to deny the claim because the individual’s reported earnings exceeded the Substantial Gainful Activity (SGA) limit. When Disability Advocates reviewed the case, we discovered that the person’s employer had been making special accommodations at work to help them keep their job, meaning the individual’s income was considered subsidized. This is an important exemption under Social Security regulations.
We documented those details, explained the situation clearly to Social Security, and asked for the case to be expedited. As a result, the claim was approved in time to prevent an eviction. This outcome demonstrates how we can pair our in-depth knowledge with immediate strategic action to achieve life-changing results for clients in critical situations.
Clarifying a Rare Medical Condition to Secure Benefits
In a complex case involving a rare inherited medical disorder, Disability Advocates identified a critical gap in understanding within the disability determination process.
Although medical records documented the diagnosis, the evaluating physicians did not fully recognize the condition’s potential severity or how significantly it affected the claimant’s daily functioning.
To address this, Disability Advocates conducted in-depth medical research and developed a clear, evidence-based brief explaining the disorder, its range of symptoms, and its disabling impact. This comprehensive presentation provided the adjudicator with a full understanding of the medical facts and led to an approval of benefits. The case highlights Disability Advocates’ depth of medical knowledge, attention to detail, and ability to translate complex medical information into a persuasive, successful claim.
Securing Approval After Reconsideration Without a Hearing
Disability Advocates was recently consulted regarding a case in which the initial application had already been denied, and the reconsideration decision was still pending.
Because the claim had already been filed and we were simply awaiting the decision, Disability Advocates did not want to formally sign on to the case, because if we did, then we would receive our fee if the client received their benefits. We did not feel that we had done any substantive work on their behalf to earn that. Still, the team took the time to answer any questions and offer guidance throughout that stage.
At the time, the individual was 62 and was receiving reduced, early retirement benefits. These reductions in benefits are permanent unless a person is later approved for Social Security Disability Insurance (SSDI). That approval increases the benefit amount to the full rate. Our goal became clear: to help secure SSDI and restore the benefit amount to its full value.
When the reconsideration decision resulted in a denial, Disability Advocates was formally retained and immediately filed a request for a hearing. Once we gained access to the file, we were able to identify multiple errors that had been made in the determination process.
We prepared and submitted a detailed legal brief, outlining the missteps, presenting a well-supported disability theory, and citing the medical evidence confirming the claimant’s limitations. We then asked the hearing office to review the case for an on-the-record decision. An approval was issued, eliminating the need for a hearing, significantly reducing the waiting time for benefits, and replacing the reduced retirement payment with a significantly higher SSDI benefit.
This case exemplifies Disability Advocates’ proactive and ethical approach to representation. Some disability representatives will not request on-the-record reviews, because that can reduce the amount of back pay and, therefore, reduce their fee.
We never take that approach.
We prioritize swift, accurate resolutions over financial incentives, and ensure clients receive the full benefits they deserve without unnecessary delay.
Where Other Firms Step Back, We Step Up
After dozens of other companies refused her case, a client with MS comes to Disability Advocates with only two weeks left before her hearing.
A young woman in her thirties, diagnosed with Multiple Sclerosis had been denied disability benefits at her first application, due to insufficient evidence. The difficulty in this case was that she needed to prove that she was disabled on or before the last date she was insured for Social Security Disability–over five years ago. She contacted Disability Advocates after her case had already been declined by 20 to 30 other representatives, with only two weeks left before her scheduled hearing.
We knew that we needed to help, but our request to postpone the hearing was denied, leaving very little time to prepare an extremely complex case with significant obstacles.
Despite the constraints, Disability Advocates immediately mobilized. Our top priority was to help the client to complete a key form the disability office had requested and never received. We obtained written statements from multiple individuals corroborating her statements and confirming her physical limitations. Then, we conducted a comprehensive review of medical records and secured a medical source statement from her neurologist, which supported her claim of disability before the required date.
After assembling all of that evidence, we developed a detailed brief explaining how the medical documentation and Social Security rules supported approval. We focused on clearly presenting the timeline of her condition, the limitations caused by her illness, and the medical and vocational standards set by Social Security to qualify for disability.
Two weeks later at the hearing, the Administrative Law Judge agreed with our argument and a favorable decision was issued. This decision meant financial and medical stability for our client. It meant that this young woman’s life was about to change.
This case reflects Disability Advocates’ commitment on complex, work-intensive claims that many firms would not undertake, let alone with just two weeks to do it.
Being able to deliver results like this is why we do the work we do.
“Leanne puts in the time to understand each client’s story and build a strategy tailored to their claim that gives it the best chance to succeed. Her written work is excellent and her cross-examination and oral advocacy skills are exceptional. Her knowledge of the law is so expansive that she created her own training program to help newer representatives learn and strengthen their own practices. She is simply one of the best disability representatives there is! Anyone represented by Leanne Hernandez or her company can feel confident they are in capable, caring hands!”Laurel Marois Ackerman
Disability Attorney
St. Petersburg, Florida
At Disability Advocates, we know the Social Security Disability system inside and out and we use that knowledge to anticipate challenges, quickly adapt, and find solutions where others might just see obstacles.
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