Episode 116: Calloway County social security disability attorney Jeff Roberts, welcomes clients to discuss why they fired a national social security disability company to work with Jeff. They explain their journey and why they want to offer advice for people who ask, “Should I let a national social security disability company file my claim, instead of a local attorney?
Jeff introduces his client Austin and his wife Amy. In Episode 110, Jeff discussed how people are often surprised with what can happen if your case needs to be appealed. Only lawyers are permitted to appear before the judge, if the case were to go to a federal district court. At the same time, a national company may be less open to appearing, in person, to represent you at your disability hearing. If they’re not local, they may prefer to participate via video conference, which can save them time and other factors, but may not be what’s best for you. You may want to go back and listen to Episode 110.
My Long-Term Disability Policy Says It’ll Appoint a Lawyer to Represent Me
Austin had a long-term disability policy. Many of these require you to file for social security disability. The insurance company may hire a national disability advocate firm to represent the insured individual. However, the disability advocate representative may recommend using the video conference option, instead of appearing in-person. Austin and Amy wanted to appear in-person at Austin’s disability hearing.
Jeff encourages people to consider purchasing both a long-term disability and a short-term disability policy, to provide money to cover expenses, should your condition prevent you from working. It can take a year or more to resolve your claim. If you can’t work, during that time, your insurance policy may be able to provide you with money to pay your bills.
We Felt Like a Number, Not a Client
One of the concerns Austin and Amy raised was that it seemed they always had a different person speaking with them, each time they got on the phone. Amy expressed their strong desire to have an in-person hearing, but the representatives tended to brush-off that request. They told Austin and Amy that it would take longer to get an in-person hearing, but that wasn’t a major concern. It eventually came to light that the disability advocate company proceeded with scheduling a video conference, anyway.
The Decision to Fire the National Company and Hire Jeff
One of the first things Jeff had to handle was petitioning the court to allow them to change to an in-person hearing. The judge eventually granted the in-person hearing. It had a significant impact on the success they eventually had in the case.
Amy recalls the comment the advocate company made about how the in-person hearing would add such a delay to the hearing schedule. In reality, the hearing was only moved back about a month. The result was well worth the few extra weeks. She explains how the advocates seemed to be going through the motions, compared to realizing all the ways Jeff was fighting on their behalf to secure the disability benefits. Austin still has about 20 years before he reaches retirement age.
Jeff has had a number of clients who have come to him after starting their claims with a national social security disability company. He’s heard many of them explain how they felt as if they were shuffled around, because they seemed to speak with a different representative each time they engaged with the company. Austin and Amy agreed. It can be frustrating, especially when it concerns such an important legal matter. They felt the advocacy representatives were just going through the motions. It was very different from the service they received, once they hired Jeff.
Doesn’t an Attorney Have an Obligation to Listen to the Client?
In Jeff’s opinion, he has an ethical obligation to listen to a client and to proceed based on what the client decides. He explains how an attorney has an ethical responsibility to explain all of the pros and cons a client should consider when making important decisions. The attorney should follow the client’s wishes, even if it’s different from the course the attorney is recommending.
Jeff comments that he realized that it was Austin’s and Amy’s lives and financial future on the line. They are in the best position to decide what they feel is right for their case. Jeff will provide insights and advice, based on his 33 years of experience, but it still comes down to the client’s decision. They are the ones who will ultimately live with the outcome of those decisions.
Jeff is licensed to represent social security disability clients in all 50 states. While it makes sense to handle communications via video call, phone and email for a lot of the claim, the actual hearing should be done in-person. Again, Jeff went into detail about why it’s so important in Episode 110.
Physically showing up can be extremely impactful. So much of our communication is non-verbal. A lot of that non-verbal can’t be seen on a video call. However, when you appear in-person before the judge, the chances of success can increase. In Jeff’s experience, he feels the chances increase substantially. Showing is always better than telling.
Jeff points out that some of the social security disability advocates representing clients may not actually be attorneys. The Social Security Administration allows non-attorneys to represent people at their hearings. Jeff is required to follow the attorney ethics rules, when representing a client. The ethical guidelines for an attorney and those of a disability advocate may be quite different.
Do You Feel Like You’re Getting a Cookie-Cutter Approach to Your Claim?
If you have an attorney, he/she wants to do what’s best for you, based on your individual situation. Large, national advocate companies may seem to be operating based on a pre-determined, cookie-cutter approach to managing your claim. This may cause them to disregard or overlook key aspects of your situation, which could have a significant impact on your outcome and benefits.
Austin comments on how it felt as if they were just guessing at the approach. Amy explains that a second, major factor in Austin’s condition was discovered. However, the advocacy company didn’t appear to be all that interested, because the representatives seemed to have already made up their mind about how they were going to proceed with the claim. In fact, the second condition was actually what helped them to succeed. Once Jeff took over the case and dug deeper into the second factor, it really helped the claim.
Once Austin and Amy informed the social security disability company know they were hiring a local attorney to take over the claim, the representative commented that it was fine because they didn’t think they were going to win, anyway.
It took roughly 2 years to win the claim. Austin and Amy were approximately 1.5 years into the disability claim, when they fired the other company and retained Jeff as their social security disability attorney.
Medical Records and Doctor’s Reports
The medical records are an important part of your social security disability claim. Jeff also understands the importance of providing doctors with specific information, enabling them to note specific issues in their reports. Jeff gave the doctor a detailed, 5-page questionnaire that was later presented to the judge. Those questions and responses helped to support the argument Jeff was making to the judge of the extent and severity of Austin’s medical conditions. Judges place a high-level of consideration based on what a doctor puts in his/her reports.
Jeff points out that physicians often focus on the physical restriction, when they are completing return to work documentation for a patient. However, as Jeff explains, there are also non-physical restrictions that also affect the patient’s ability to perform specific tasks and job duties. The non-physical restrictions can play an important role in the judge’s decision. There is often a vocational expert that participates in the hearing. The vocational expert can review the physical and non-physical restrictions and testify to the judge as to whether those would prevent the individual from finding gainful employment. In Austin’s case, the expert testified that it wouldn’t be possible.
The Importance of Involving the Client’s Spouse in Discussions
Jeff provides examples of why he believes it’s important for the attorney to also involve the client’s spouse in discussions about the situation. It’s often realized that the client may not notice certain changes they are experiencing. However, the spouse and family members who spend significant time with the injured individual will pick up on the subtle and sometimes not-so-subtle changes. These differences may play a role in substantiating claims about the severity of the individual’s condition.
Amy confirms that the disability advocates were only interested in the medical reports. They didn’t pay much attention to the observations Amy had made with regard to Austin’s condition. This was particularly important with regard to the second factor discussed earlier. Jeff states that it was the second factor that turned out to be the reason they won the case. That second factor (a medical condition) was there but had gone undiagnosed until much later in the case.
Austin and Amy shared that it was difficult to hear how lucky they were to have won their case. In reality, it’ll be close to 20 years before Austin reaches retirement age. They and their 2 children will cope with Austin’s condition, but it would have been much different had they not made the decision to seek out and hire Jeff to represent them. They are so grateful that Jeff fought as hard as he did to help their family. They’d strongly recommend other people contact Jeff for anyone who needs a social security disability lawyer.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Social Security Disability Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
