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The Social Security Disability Process, Start to Finish

The process to get Social Security Disability benefits can seem daunting. Let’s break it down step by step:

THE SOCIAL SECURITY DISABILITY PROCESS

Stage #1: Initial Application

When your first apply for disability benefits, you complete an Initial Application. This can be filed at your local Social Security office, over the phone or online. Rarely, your application will be approved at the Initial stage. More likely, your application will be denied, and three options remain: do nothing, file a new Initial claim, or file a Request for Reconsideration.

Stage #2: Request for Reconsideration

If your Initial application is denied, you have 60 days from the date of denial to file a Request for Reconsideration (Recon). At this stage, your claim is reviewed again by Social Security. If your Recon claim is approved, you will receive disability benefits. If not, three options remain: do nothing, file a new Initial claim, or file a Request for Hearing.

Stage #3: Hearing

When your Request for Reconsideration is denied, you again have 60 days from the date of your most recent denial to file a Request for Hearing. You have the greatest chance of being approved at this stage. The hearing takes place before an Administrative Law Judge (ALJ) and claimants will receive a Notice of Hearing before the hearing date. The hearing usually takes place at your local Office of Disability Adjudication and Review (ODAR). While legal representation is not required for the hearing, it is highly recommended.

Stage #4: Appeals Council

You will usually receive a decision from the ALJ within a few months after your hearing. If your claim is approved, you will receive both a Notice of Decision and a Notice of Award. If your claim is denied, you can appeal the decision before the Appeals Council. However, the Appeals Council frequently upholds the decision of the ALJ.

Stage #5: Federal Court Review

You will usually receive a decision from the Appeals Council within two years after filing. If your claim is approved, you will receive both a Notice of Decision and a Notice of Award. If your claim is denied, you can appeal the decision before the Federal Court. This is complicated process and it must be shown that the ALJ made a serious procedural error.

How Can Lewis, Lewis & Falkner Help You Get Disability Benefits?

No matter where you are in this process, an experienced attorney can help you.  Call our Tuscaloosa, Alabama office today at 205-553-5353 for your free consultation.

 

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When Two Names Are on a Certificate of Deposit Who Gets the Money?

If a certificate of deposit shows both your name and another person’s name you may reasonably think that you each have equal right to the funds.  But what if the other person provided all the funds for the CD?

In Dupree v. PeoplesSouth Bank, No. 1180095 (Ala. May 8, 2020), the Alabama Supreme Court addressed this exact issue.

Jimmy Dupree deposited $100,000 with Peoples Community Bank and in return received a certificate of deposit in the names of “Brad Dupree and Jimmy Dupree”  (Brad Dupree being Jimmy’s son).  Brad was a minor at the time the CD was issued and did not contribute any money toward the purchase of the CD.  Brad and his mother were under the impression that the CD was intended as a sort of life insurance policy, and would provide for Brad in case anything happened to Jimmy or to Brad’s mother.

Many years after the CD was issued a dispute arose in the family, causing Brad, his mother, and his stepbrother to sue Jimmy for conversion (in other words, theft).  While the suit was pending Jimmy cashed in the CD without notifying Brad.  The Bank issued a cashier’s check payable to  “Jimmy Dupree or Brad Dupree” for the amount of the CD, less amounts set off by the Bank for a business loan Jimmy had at the Bank which was secured by the CD.   Jimmy kept the funds for himself.

In response, Brad sued the Bank for breach of contract and seeking restitution for the amount of the CD.  On appeal the Alabama Supreme Court found that Brad’s breach of contract claim failed because he had suffered no damages. 

You’re probably thinking, “how could that be?  He lost a $100,00.00 CD!”

The Court explained that whether Brad suffered any damages depended on whether he had an ownership interest in the CD or was otherwise entitled to any of its proceeds.  It may seem obvious to you that if Brad’s name was on the CD then he must have had some ownership rights in it.  However, under Alabama law “where two parties’ names appear on a CD and the funds used to purchase the CD belonged to one of the parties, unless there is evidence that the party whose funds were used to purchase the CD intended to make a gift or create a trust, the other party’s claim to the funds must fail.” Messer v. Kennedy, 574 So. 2d 788. 790 (Ala. 1991).

Brad did not contribute funds toward the purchase of the CD and was not a trustee over the funds, so the only way he could prevail was if he established that the CD was intended as a gift to him.

Brad, of course, testified that the CD was meant to be a gift, and his father’s testimony was to the contrary. The Court in analyzing whether the CD was a gift noted that: Jimmy had pledged the CD as collateral for a business loan; Jimmy received all interest payments on the CD and paid income tax on those gains; Jimmy never delivered the CD to Brad; and Jimmy testified that he put Brad’s name on the CD not as a gift, but only to ensure additional coverage under FDIC regulations for the funds he had on deposit with the Bank.

Brad (according to the Court) had no rights in the CD and therefore they concluded that he could not show that he was damaged when the Bank allowed Jimmy to cash out the funds. Without proof of damages his claim against the Bank failed and Jimmy kept all the money.

So, what can we learn from all of this?

One lesson that could be had is that record-keeping is important.  Perhaps the Court would have come to a different conclusion if Jimmy had signed a document at the time the CD was issued noting that he intended to gift the funds to Brad. Or, the investment could have been owned by a trust of which Brad was a beneficiary.

Litigation among  family members can get ugly. Do you need help unraveling a family investment dispute? Call the attorneys at Lewis, Lewis  & Falkner, LLC for your free consultation today, or make an appointment to come by our Tuscaloosa office.

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Should You Try to Negotiate Your Own Personal Injury Settlement?

If you’ve been injured in a car accident you may be wondering if you can save money by working out a settlement with the insurance company on your own.

Everyone is looking for ways to save money these days, and perhaps you think that if you negotiate your own claim you will be able to keep more in  your pocket by avoiding an attorney’s fee.

But in many cases handling your own claim can actually end up costing you money.  Here’s why:

Despite what their commercials may lead you to believe, insurance companies are not in the business of paying claims.  This is true, of course, because the less they pay out in claims the more profit they make.   While the insurance adjuster may seem nice you should remember that she is not on your side!

So, if the insurance company isn’t looking out for your best interest, who is?

Having an attorney on your side can help level the playing field and give you a better chance of getting the compensation you deserve.

According to a study conducted by the Insurance Research Council, injury victims who use lawyers for their personal injury claims receive bigger settlements than victims who do not use a lawyer.

You may be saying to yourself, “yeah, but how much of that money do they actually keep after paying for the lawyer?”  According to the study, injured persons who used lawyers received more money on their claims even taking into account the fees paid to their lawyers.

The bottom line is that an attorney can help get you your best possible recovery because he knows how to deal with the insurance companies.

An experienced personal injury attorney can help maximize your recovery to get you the compensation you deserve.  Call Al Lewis of Lewis, Lewis & Falkner at 205-553-5353 for your free consultation.

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Should I Try to Settle My Car Accident Claim Without a Lawyer?

If you’ve been injured in a car accident, you may be wondering if you can save money by working out a settlement with the insurance company on your own.

Everyone is looking for ways to save money these days, and perhaps you think that if you negotiate your own claim you will be able to keep more in  your pocket by avoiding an attorney’s fee.  But in many cases handling your own claim can actually end up costing you money.  Here’s why:

Despite what their commercials may lead you to believe, insurance companies are not in the business of paying claims.  This is true, of course, because the less they pay out in claims the more profit they make.   While the insurance adjuster may seem nice you should remember that she is not on your side!

So, if the insurance company isn’t looking out for your best interest, who is?

Having an attorney on your side can help level the playing field and give you a better chance of getting the compensation you deserve.

According to a study conducted by the Insurance Research Council, injury victims who use lawyers for their personal injury claims receive bigger settlements than victims who do not use a lawyer.  You may be saying to yourself, “yeah, but how much of that money do they actually keep after paying for the lawyer?”  According to the study, injured persons who used lawyers received more money on their claims even taking into account fees paid to their lawyers.

The bottom line is that an attorney can help get you your best possible recovery because he knows how to deal with the insurance companies.

An experienced personal injury attorney can help maximize your recovery to get you the compensation you deserve.  Call Al Lewis of Lewis, Lewis & Falkner at 205-553-5353 for your free consultation.

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Branches From My Neighbor’s Tree Extend Onto My Property. Can I Cut Them Down?

Alabama sees its fair share of tornadoes, violent thunderstorms, and hurricanes each year.  Weather like that may have you keeping an eye on your neighbor’s trees, concerned that one of the branches could fall and damage your property.  So, what are your rights?

There’s a tree on my neighbor’s property with limbs that extend onto my yard.  Can  I cut the branches down?

Yes, although it would be a good idea to speak to your neighbor before you get out the chainsaw.

In general, you have the right to control what is on your property, including tree limbs and even roots. So, you can cut down tree limbs up to – but not past! – the point of your property line.

However, you should consider speaking with your neighbor before taking action.  You may be able to come to some agreement as to how the tree should be dealt with and avoid any headache or heartache for either of you.

Note that if your tree maintenance involves digging or excavation  you will need to call 811 at least two working days before you start your project.  

Can I cut down a tree that is on the boundary line of my property?

If a tree trunk is on a boundary line then each neighbor owns the tree and all owners of the tree must give consent to any action taken with respect to the tree. So, if a tree is on a property line that you share with your neighbor, you must get his or her consent before you cut it down.

On the other hand, if the tree trunk is entirely on your property then you can probably cut it down without consulting your neighbor.  We say “probably” because there is a chance that excavating the tree could cause damage to your neighbor’s property.  You will want to carefully consider the consequences of removing a tree and its roots.  Will removal of the rootball cause erosion that could flood your neighbor’s land or lessen support for a wall or structure on your neighbor’s property?

Am I responsible if my tree falls on my neighbor’s property?

MAYBE. If your tree falls and causes damage to your neighbor’s property then you could be held liable, even if the tree fell due largely to an act of nature such as a tornado.

But don’t worry!  You can avoid liability by acting responsibly. 

Check out these examples:

Example #1: , Say you have a tree in your yard that is clearly dead.  It’s ugly, has rotten branches that are barely hanging onto the trunk, and your neighbor is constantly begging you to cut it down. One night during a rainstorm, a gust of wind knocks a branch off of the tree and through your neighbor’s roof, causing damage. Because you negligently failed to cut down the dead tree even though you knew it was in bad shape, you could potentially be held liable for the damage.

Example #2:   Imagine that you have a beautiful, healthy tree on your yard with branches that extend over your neighbor’s property.  The tree is in great shape, but nevertheless it is uprooted one day during an F5 tornado and falls onto your neighbor’s house.  In such a case you would not be held liable for any damage because there was nothing you could have done to prevent a catastrophic tornado from uprooting your healthy tree.

In other words, the answer to this question will depend entirely on the facts of the situation.  An experienced attorney can assess your particular situation.

If you have any questions regarding your property rights, please call Lewis, Lewis & Falkner at 205-553-5353 for a free consultation.

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Meet Our Attorneys: Mary Lane Falkner

Mary Lane was born and raised in Tuscaloosa.  She graduated cum laude and Phi Beta Kappa from the University of Alabama in 2007.  After college, Mary Lane attended the University of Alabama School of Law on a full academic scholarship and was admitted to the bar in 2010.  She then began practicing law with her father, Albert G. Lewis III, while also obtaining a Master of Laws in Taxation from U of A. Mary Lane has been recognized as a Super Lawyers Rising Star each year since 2017.

Mary Lane has a diverse practice, handling matters including estate planning, business formation, general litigation, contract drafting, landlord/tenant issues, and probate matters ranging from estate administration to adoptions, conservatorships, and guardianships.

Outside of the office, Mary Lane enjoys serving the Tuscaloosa community through various volunteer organizations.  She and her husband Bradley are the proud parents of two beautiful children.

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Using a Power of Attorney to Delegate Temporary Parental Powers

You and your spouse decide to take a two-week cruise for your anniversary, leaving your minor children in the care of their grandparents. What happens if one of your children becomes ill or injured while you are gone? While doctors certainly will not withhold emergency medical treatment from your child, they may be reluctant to provide non-emergency care without a legal guardian’s consent. How could you have avoided a delay in your child’s care?

Alabama Law on Delegation of Powers by a Parent or Guardian

Alabama allows a parent of a minor child (or an incapacitated person) to temporarily delegate certain parental powers to another person via a “properly executed power of attorney.” Such a power of attorney may delegate powers regarding health, support, education, or maintenance of a child. The delegation can last no longer than a year and has a few exceptions: a parent cannot delegate the power to consent to the child’s marriage or adoption, and a parent cannot use a power of attorney to give up his or her primary responsibility for the minor. In other words, the parent keeps his ability to make decisions for the child and maintains custody of the child.

What Happens if I Don’t Execute a Power of Attorney to Delegate Parental Powers While I’m Unavailable?

Without a legal guardian available to provide consent for treatment, medical providers may be reluctant to provide care in non-emergency situations. In fact, the American Academy of Pediatrics recommends in its Policy Statement for the Consent of Emergency Medical Services for Children and Adolescents that:

“Unless a minor is allowed to consent under the law, health care professionals should consider delaying all non-urgent diagnostic and treatment decisions until the parent or legal guardian can be reached for informed permission or consent.”

This means that unless a situation is life-threatening, doctors may delay treatment until the child’s parent becomes available. That’s why a power of attorney can be helpful – it allows a trusted relative or friend to stand in the parent’s place and give consent for medical treatment when the parent is unavailable due to travel, illness, military deployment, or for any other reason.

But powers of attorney for minor children can be helpful in situations other than medical care as well.

Imagine that while you are out of town your child’s class wants to take a field trip. Even though you are unavailable to sign the permission slip, an appropriate power of attorney could give your child’s temporary caregiver the power to sign it in your place.

Do I Need An Attorney to Prepare a Power of Attorney?

While you could try to formulate your own power of attorney document, it’s generally a good idea to have an attorney guide you through the process to make sure that your delegation meets statutory requirements and is properly executed.
If you want to worry less about your child while you are gone on vacation, contact the attorneys at Lewis, Lewis & Falkner to discuss a Power of Attorney for your minor child. We can quickly and inexpensively prepare a Power of Attorney to give you peace of mind.
We are available by phone at 205-553-5353, or stop by our office in downtown Tuscaloosa at 2224 15th Street.

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Meet Our Attorneys: Albert G. Lewis III

Al was born in Birmingham, Alabama and has lived in Tuscaloosa most of his life. The oldest of six children, he learned from an early age the importance of hard work:

“My father died when I was only ten years old, so my mother depended on me to help take care of my younger brother and sisters.”

He began practicing law over forty years ago,  starting at a  local firm after graduating from the University of Alabama School of Law in 1979. As a young associate, Al gained hands-on experience in a variety of practice areas, an opportunity he says has prepared him to provide a high level of service to his clients:

“One thing that sets our firm apart is our ability to give our clients comprehensive service.  For example, when a client comes to us with a car accident case, instead of viewing his situation only from the perspective of a personal injury attorney, we can also give the client advice about how to file for disability if necessary, or how to protect his award of damages through a good estate plan.”

Albert G. Lewis III

In 2000, Al opened his own firm. Eventually, two of his three children, Albert and Mary Lane, joined him in his practice.

  “One of the best things about working with family is that we share the same values.  We all believe that trust, loyalty, and communication are important, and we make sure that those principles guide us in our work.”

Lewis Lewis & Falkner

Al’s dedication to serving his clients has been recognized by LexisNexis Martindale-Hubbell Peer Review, which granted him an AV-Preeminent rating, its highest possible rating.

Al represents individuals and businesses in a variety of matters including personal injury, wrongful death, fraud, insurance claims, commercial transactions, and bankruptcy.

He is admitted to practice in all state and federal courts in Alabama, Mississippi, Arkansas, Tennessee and the District of Columbia.

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How long do I have to appeal a denial of Social Security Disability Benefits?

How long do I have to appeal a denial of Social Security Disability Benefits?

If your application for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is denied, you have 60 days to file an appeal, unless you have “good cause” for failing to do so.

“Good cause” could be found if:

  • you did not receive the denial notice
  • you had a severe illness during the time the appeal was due rendering you unable to submit an appeal
  • you have severe mental limitations so that you did not understand what you need to do
  • Social Security misled you or gave you incorrect information
  • there was a death in your family

You must make your request to accept a late appeal in writing. You will need to submit a statement explaining why you failed to file a timely appeal.

Of course, the burden is on you to prove good cause.

The later your appeal is, the harder it will usually be for you to show that you have good cause. For example, if you were hospitalized during the appeal deadline, an exception would not be made if you waited 5 months after the hospitalization. You would have to file a new claim.

It’s important to act quickly so that you can get your appeal filed on time.  Let an experienced Social Security attorney help give you the best chance of receiving approval.  Call us today at 205-553-5353 or come by our office in Tuscaloosa for your free consultation.

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Lewis, Lewis & Falkner, LLC. | Attorneys at Law | 2224 15th Street Tuscaloosa, AL  35401
Phone: +205 553 5353 | Fax: +205 553 5593

DISCLAIMER

The information contained in this website is for general information purposes only.  No Attorney-Client relationship is created by use of this website.  Neither your receipt of information from this website nor your use of this website to contact Lewis, Lewis & Falkner  (LLF) or one of its lawyers creates and attorney-client relationship between you and LLF. Alabama State Bar, Rules of Professional Conduct Rule 7.2 (e) requires the following statement: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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