The Social Security Administration denies most applications for Connecticut Social Security disability benefits, and many people give up at this earliest stage, even if they have a physical or mental condition that stops them from working.

Failing to appeal a denial of benefits is the biggest mistake that most disability claimants make, because those who appeal their claim through at least the hearing level receive benefits more than 60 percent of the time. An experienced Connecticut disability lawyer can help improve your chances even further. How? Among other things, your attorney will:

- Make sure the Social Security Administration has a complete set of your medical records.

- Get your treating doctor to submit a medical opinion form.

- Develop a theory of how you qualify for disability benefits, based on a careful analysis of the facts and evidence in your case.

- Prepare you to testify at your hearing by giving you an idea of what sort of questions to expect and how to answer them in a way that will give the administrative law judge the information he or she needs to find you disabled.

The attorneys at Michalik, Bauer, Silvia & Ciccarillo, LLP practice with integrity, responsiveness, and a commitment to quality client service. We are skilled at marshalling, interpreting, and presenting in a clear and persuasive manner all forms of medical evidence, involving both physical and mental health issues. We also advocate for individuals in disputes over short and long term disability (STD, LTS) benefits that may be available when they are disabled from working.

To learn more about how we can help, please fill out the claim evaluation form on the top right of this page.

My attorney fee is 25% of back benefits, up to the maximum set by the Commissioner of Social Security, which is currently $6,000. The Social Security Administration typically holds that 25% out of back benefits and pays the attorney directly.

If I do not win benefits for you, then the attorney fee is $0.

You will be responsible for payment of expenses, which may include medical records and reports, photocopying, travel, transcript preparation and the like.

Michalik, Bauer, Silvia & Ciccarillo, LLP

Address: 35 Pearl St., Suite 300, New Britain, CT 06051

Phone Number: (860) 225-8403 x103

Gathering persuasive medical evidence

The first step in preparing for a hearing is gathering persuasive medical evidence.

This medical evidence should come from a source that the Social Security Administration (SSA) recognizes, so hopefully you have been receiving treatment from a licensed physician, osteopath, podiatrist, optometrist, or psychologist.

Frequently the medical evidence which is readily available does not directly address the questions most important to a disability determination:

- How has your impairment been confirmed?

- Will your impairment last 12 months?

- What are your functional limitations?

- Are these limitations consistent with your symptoms?

Conclusions by your treating doctor are not enough, especially if the issue is whether your impairment meets a Listing.  SSA wants to see the medical test results themselves.

Your attorney will make sure SSA’s case file contains the actual test results for all significant positive tests, and that they are consistent with the Listing of Impairments’ specific requirements for particular kinds of medical evidence.  Two examples: (1) In cardiac cases SSA requires copies of the electrocardiogram tracings as well as the cardiologist’s interpretation of them.  (2) In pulmonary impairment cases SSA requires copies of the spirometric tracings.

Your attorney will not withhold relevant negative records, but instead will submit them and refine the case presentation to account for their existence.

Hospital records

At a minimum, your attorney will gather the emergency room records, admission histories and physicals, all reports by medical consultants, physical therapy evaluations and reports, surgical/operative reports, pathologist’s reports, discharge summaries, and test results pertaining to your impairment, such as laboratory reports, radiologist reports, nerve condition/EMG reports, nuclear medicine reports, etc.

What is ultimately assembled depends on your attorney’s theory of your case. In many cases, hospital records concerning an acute illness are less important than the records generated by your doctor or therapist after you have stabilized. After all, there is no controversy over whether you can work when hospitalized with an acute illness.  The issue in most cases is whether you can work after recovering from the acute phase.

On the other hand, your case might be one where you have been hospitalized so often that the frequency of hospitalization is part of your case. At a minimum, your attorney will obtain copies of all the discharge summaries and perhaps also a list of all admissions that is maintained by most hospitals and available only by special request.  The summary sheet can make a dramatic exhibit.