Brown + Wayson LLC

A Social Security Disability

Law Practice

 

Aviva Groner Brown

Brian Scott Wayson

Attorneys at Law

 

Serving Oregon and

SW Washington

 

When you hire us, we work for you. We represent individuals with disabilities and strive to enforce your rights when you seek disability benefits from the Social Security Administration, Administrative Law Judges, the Appeals Council, the United States District Court and the United States Court of Appeals. We bring substantial experience, zealous dedication and accumulated knowledge to the representation of disability claims before the Social Security Administration. To see if Aviva and Brian can help you with your Social Security Disability benefits matter - please contact Brown + Wayson LLC:

 

Office:  503-891-8376

Aviva:  503-891-8379

Brian:  503-891-8381

Fax:    503-236-9100

 

Aviva@Brown-Wayson.com

Brian@Brown-Wayson.com

 

825 NE 20th Avenue

Suite 320

Portland, Oregon

 

Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

 What Brown + Wayson LLC Does

The attorneys at Brown + Wayson LLC assist individuals to obtain social security disability (SSD), supplemental security income (SSI), disabled widow/widower (DWB) and childhood disability (CDB) benefits. Aviva and Brian approach their relationship toward each of their clients with compassion, dedication, concern, respect and care. When you hire Brown + Wayson LLC, Aviva and Brian are with you every step of the way, whether you need assistance applying for benefits, appealing a denial of your application for benefits or deciding whether to pursue social security benefits, treating you with dignity and respect. When you contact Brown + Wayson LLC, you speak with an attorney and that attorney never forgets that you are a human being attempting to get to a better place, not a number or a piece of a caseload.

 

Fees or How Brown + Wayson LLC Gets Paid

- Contingent Fees

Our Social Security Disability practice is contingent fee based, with fee caps (or limits) set by Congress. For most cases the fee cap is 25% of any past due benefits awarded to you or $6000, whichever is LESS. Generally, the Social Security Administration will deduct the fee amount from your past due benefits award and send it directly to your attorney. There is no fee deducted or owed from your future monthly ongoing benefits.

 

- Free Consultation

There is no charge for the initial consultation.

 

The Social Security Administration's Disability Benefits Programs

The Social Security Administration (SSA) has a number of programs affording benefits to individuals with disabilities. Social Security Disability (SSD, formally known as disability insurance benefits or DIB) provides benefits for a disabled individual based upon your employment earnings record. Supplemental Security Income (SSI) affords benefits to a disabled individual without sufficient earnings history to qualify for SSD and is based in part on your financial need. Disabled Widow/Widower Benefits (DWB) provides benefits based upon the earnings record of your deceased spouse or deceased former spouse if you are disabled and 50 years of age or older. Childhood Disability Benefits (CDB) allows benefits to an individual who can show disability before reaching 22 years of age and is based upon the earnings record of the individual’s deceased or retired parent.

 

The Social Security Disability Benefits Application Process

Sadly, more than 80% of Social Security disability initial applications are denied at the first stage in a frustrating process that may take several months as technically examiners do not have set time limits for processing your claim. Many individuals suffering from legitimate disabling conditions that prevent them from working, most likely will be denied Social Security disability benefits when they first apply. When your application is denied you have the legal right to appeal that decision – the deadlines for appealing a denial generally are strict and not very long so do not delay in appealing a denial from the SSA (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.) Unfortunately, more than 85% of those who appeal their initial or first stage denial are again denied at the second stage or reconsideration in another several month process that often increases one’s level of frustration. Clearly, many individuals suffering from legitimate disabling conditions that prevent them from working are denied Social Security disability benefits when they apply and again when they ask for reconsideration of that initial denial. Once again, you have the legal right to appeal that reconsideration decision by asking for a hearing before an administrative law judge (ALJ) – and yes, once again, the deadlines for appealing a reconsideration denial generally are strict and not very long so do not delay in asking for a hearing before the SSA judges. (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.) If you already are or have been receiving Social Security disability benefits and the SSA stops those benefits you also have the right to appeal the stoppage (or cessation) of your benefits. And yes, the deadlines for appealing a stoppage of benefits generally are strict and not very long so do not delay in appealing a cessation of benefits by the SSA (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

 

Unfortunately, with few exceptions the time from when you request a hearing before an ALJ and when you get to go see the judge will be 18 – 24 months (yes, you read that correctly almost two years on average.) The good news is that more than 60% of the individuals who go before an ALJ are awarded disability benefits by a judge’s fully favorable decision (Aviva and Brian can help you with the hearing - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.) A few months after the hearing the ALJ will issue a written decision. This decisions will fully favorable to the individual claimant, partially favorable (usually the benefits begin at a later date than you requested on your initial application) or an unfavorable (a denial) decision. What about those individuals who do not receive a fully favorable decision after seeing the judge? Once again, those individuals have the right to appeal the ALJ’s denial to the Appeals Council of the SSA and once again the deadlines for filing such an appeal generally are strict and not very long so do not delay in appealing an unfavorable decision from an ALJ (Aviva and Brian can help you with your Appeals Council appeal - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.). Regrettably, more than 95% of the cases submitted to the Appeals Council are declined (the Appeals Council agrees with the ALJ’s decision.) After the seemingly inevitable Appeals Council denial, an individual still fighting to win disability benefits from the SSA can file an appeal with the federal district court in his or her state of residence (Aviva and Brian may be able to help you with your United States District Court appeal - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

 

Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

Who are Brown + Wayson LLC

 

Aviva Groner Brown:

 

- After raising a family and working as a political fund raiser, returned to the practice of law in 2007, and since has focused exclusively on Social Security disability matters.

- Is a 1992 graduate of the University of Oregon School of Law.

 

Brian Scott Wayson is:

 

- Adept at sizing up situations, systematically analyzing facts and developing alternative courses of action to achieve sensible solutions.

- Considered a clear and effective oral and written communicator with the ability to concisely interpret complex laws, regulations and court opinions, using a common sense approach.

- Blessed with extensive experience in effectively working with clients and colleagues from diverse backgrounds, allowing him to be a good listener.

- Well-versed in client counseling, claim analysis, case preparation, and hearing and appeal representation.

- Aware that while the journey is challenging, successful outcomes for his clients are particularly rewarding.

- Recognized for forming quality relationships quickly and instilling a high level of confidence among those with whom he interacts.

-A graduate of the Northwestern School of Law of Lewis and Clark College.

-Acknowledged as a self-starter with an involved style of leadership.

-Most of all, thankful for all I have, including my awesome family and wonderful friends.

 

Brian Wayson has:

 

- Zeal for assisting people with the Social Security Disability claims. Brian has seen the results of this system first hand - starting with his own mother while he was still attending law school. Despite her terminal cancer, brain tumor, heart condition and seven operations his mother repeatedly was denied Social Security Disability benefits - only being allowed benefits after a former North Carolina governor interceded on her behalf. Brian knows that underneath every injustice put out by the large bureaucracy is a human being just trying to survive with dignity and respect. Vulnerable individuals should not face this challenge without committed advocates by their side, lawyers who put forward the strongest possible case at every step of the process, optimizing the claimants’ chances for a favorable outcome at the earliest possible opportunity.

- Represented numerous claimants at Social Security administrative hearings and assisted other attorneys in the preparation for hundred of other hearings. In addition, he has drafted many Social Security Appeals Council briefs and United States District Court opening and reply briefs.

-More than 15 years of business, customer service and human resources management experience.

- Many skills from his education and business experience, including the abilities to handle multiple tasks within short deadlines, perform extensive efficient research, analyze information and data to produce workable solutions, and work diligently inside a team framework towards common goals.

- As an attorney, worked in a high-volume law practice - interviewing hundreds of potential new clients, meeting with multitudes of current clients, preparing cases for numerous hearings, managing the activities and work product of multiple staff persons and representing scores of clients at hearings and on appeals. This work was both time-sensitive due to varying deadlines and time-pressured due to the nature of the practice - I learned a lot, but know that a focused considerate methodology is more effective for my clients. 

 

Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

 

How the Social Security Disability System Works

What Brown + Wayson LLC Does

The attorneys at Brown + Wayson LLC assist individuals to obtain social security disability (SSD), supplemental security income (SSI), disabled widow/widower (DWB) and childhood disability (CDB) benefits. Aviva and Brian approach their relationship toward each of their clients with compassion, dedication, concern, respect and care. When you hire Brown + WaysonAviva and Brian are with you every step of the way, whether you need assistance applying for benefits, appealing a denial of your application for benefits or deciding whether to pursue social security benefits, treating you with dignity and respect. When you contact Brown + Wayson LLC, you speak with an attorney and that attorney never forgets that you are a human being attempting to get to a better place, not a number or a piece of a caseload.

Fees (or How Brown + Wayson LLC Gets Paid)

- Contingent Fees

Our Social Security Disability practice is contingent fee based, with fee caps (or limits) set by Congress. For most cases the fee cap is 25% of any past due benefits awarded to you or $6000, whichever is LESS. Generally, the Social Security Administration will deduct the fee amount from your past due benefits award and send it directly to your attorney. There is no fee deducted or owed from your future monthly ongoing benefits.

- Free Consultation

There is no charge for the initial consultation.

 The Social Security Administrations Disability Benefits Programs

The Social Security Administration (SSA) has a number of programs affording benefits to individuals with disabilities. Social Security Disability (SSD, formally known as disability insurance benefits or DIB) provides benefits for a disabled individual based upon your employment earnings record. Supplemental Security Income (SSI) affords benefits to a disabled individual without sufficient earnings history to qualify for SSD and is based in part on your financial need. Disabled Widow/Widower Benefits (DWB) provides benefits based upon the earnings record of your deceased spouse or deceased former spouse if you are disabled and 50 years of age or older. Childhood Disability Benefits (CDB) allows benefits to an individual who can show disability before reaching 22 years of age and is based upon the earnings record of the individual’s deceased or retired parent.

For more information on how the Social Security Disability process works please see: The Process

Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

The Process

The Social Security Disability Benefits Application Process

Sadly, more than 80% of Social Security disability initial applications are denied at the first stage in a frustrating process that may take several months as technically examiners do not have set time limits for processing your claim. Many individuals suffering from legitimate disabling conditions that prevent them from working, most likely will be denied Social Security disability benefits when they first apply. When your application is denied you have the legal right to appeal that decision – the deadlines for appealing a denial generally are strict and not very long so do not delay in appealing a denial from the SSA (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

Unfortunately, more than 85% of those who appeal their initial or first stage denial are again denied at the second stage or reconsideration in another several month process that often increases one’s level of frustration. Clearly, many individuals suffering from legitimate disabling conditions that prevent them from working are denied Social Security disability benefits when they apply and again when they ask for reconsideration of that initial denial. Once again, you have the legal right to appeal that reconsideration decision by asking for a hearing before an administrative law judge (ALJ) – and yes, once again, the deadlines for appealing a reconsideration denial generally are strict and not very long so do not delay in asking for a hearing before the SSA judges. (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

If you already are or have been receiving Social Security disability benefits and the SSA stops those benefits you also have the right to appeal the stoppage (or cessation) of your benefits. And yes, the deadlines for appealing a stoppage of benefits generally are strict and not very long so do not delay in appealing a cessation of benefits by the SSA (Aviva and Brian can help you with the appeal process - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

 Unfortunately, with few exceptions the time from when you request a hearing before an ALJ and when you get to go see the judge will be 18 – 24 months (yes, you read that correctly almost two years on average.)

The good news is that more than 60% of the individuals who go before an ALJ are awarded disability benefits by a judge’s fully favorable decision (Aviva and Brian can help you with the hearing - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.) A few months after the hearing the ALJ will issue a written decision. This decisions will fully favorable to the individual claimant, partially favorable (usually the benefits begin at a later date than you requested on your initial application) or an unfavorable (a denial) decision.

What about those individuals who do not receive a fully favorable decision after seeing the judge? Once again, those individuals have the right to appeal the ALJ’s denial to the Appeals Council of the SSA and once again the deadlines for filing such an appeal generally are strict and not very long so do not delay in appealing an unfavorable decision from an ALJ (Aviva and Brian can help you with your Appeals Council appeal - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.). Regrettably, more than 95% of the cases submitted to the Appeals Council are declined (the Appeals Council agrees with the ALJ’s decision.)

After the seemingly inevitable Appeals Council denial, an individual still fighting to win disability benefits from the SSA can file an appeal with the federal district court in his or her state of residence (Aviva and Brian may be able to help you with your United States District Court appeal - please call Brown + Wayson LLC at 503-891-8376 to discuss your situation.)

Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

Welcome to the Machine

People prefer to work, to accomplish goals and objectives, achieve things and earn their own way. And the vast majority of Americans do just that, for all or most of their lives. However, a small percentage of us are not that fortunate. Somewhere along their decades long worklife journey from commencing work as a teenager or young adult to leaving the workforce at full retirement age some people get seriously hurt, are debilitated in a battle with a major illness or simply cannot continue to work due to any number and variety of impairments. During their careers these neighbors, relatives, friends and strangers have paid their taxes, had deductions taken from their paychecks for social security and medicare, provided for themselves and others, done the things that society expects of them. They have paid into the Social Security system’s disability insurance program, they have helped to fund the system, they have earned disability insurance coverage, they have earned the right to ask for assistance when they no longer can provide for themselves and others by working. These are decent, good, hardworking people who did not ask to be laid low by illness or to be hurt to the point of not being able to work. These people are suffering everyday - they suffer physically, they suffer mentally, they suffer emotionally and they suffer financially. Make no mistake, these people are in pain, they have been pushed to the edge, they are near the breaking point, they are paying the price everyday, over and over, for at least twelve months and most likely for the rest of their lives. They lose their homes, they lose their friends, families break up, a few of the other more fortunate members of society look down upon these people with scorn and contempt. Then in their time of need, they turn to the system they were required to participate in without choice, they humbly and dutifully swallow their pride and ask the bureaucracy to fulfill its promises, to allow them the benefits they have earned and paid for.

And how does the system respond? How does the system, in arguably the greatest nation on earth, respond? The system overwhelms them with a blizzard of paperwork and forms, the system employs seemingly arbitrary processes and procedures, thousands and thousands of rules, policies, operational guidelines and procedures - how could a lone individual be expected to decipher all that gobbledygook? This supposed non-adversarial system stacks the deck against these people and denies more than eighty percent (80%) of initial applications for Social Security Disability benefits. At this point some folks give up hope of ever getting the benefits they earned and paid for with their sweat, effort, dignity, tears and yes, in some cases, quite literally, blood. In those cases, the system breathes a sigh of relief and thinks to itself, “Ahhhh, I can retain this individual’s benefits until he or she reaches retirement age. I won’t pay them any extra when he or she reaches that age, I will just keep the money until he or she asks for it at that later date.” Do you enjoy providing the federal government with interest free loans of money you paid into the disability insurance system? Of course not, why would you? So what can you do? Do not give up, never give up.

You can fight on alone, of course. How does the system respond when a person requesting Social Security Disability benefits asks the system to reconsider the system’s denial of the initial application? The system once again denies more than eighty percent (80%) of these requests for reconsideration. At this stage, people are even more frustrated, filled with doubts and facing despair and many people give up hope of ever getting the benefits they earned and paid for with their muscles, brains, labor and pride. If you are an individual with a disability or disabilities that prevent you from working - do not give up, never give up. Or you can fight on with an advocate at your side, somebody experienced with the system, somebody aware of the tricks and traps of the confusing paperwork, procedures, policies and practices, somebody who works for you, somebody who has your best interests at heart.

We are certain that you know what our answer would be if you were to ask us if you need to hire a representative to fight for you in your effort to get the Social Security Disability benefits you have earned and which you now need. While ethically we cannot guarantee a successful outcome to your case if you hire us, we can tell you that more than sixty percent (60%) of people who hire a representative in their battle with Social Security are awarded disability benefits. Of course, we want you to hire us and if you do, we work for you - you are an individual, worthy of respect, understanding and compassion, you are not a number or a sliver of marketshare  - and we will fight to help restore your dignity and get you the benefits you deserve. Whether you decide to hire us, hire somebody else or go it alone - do not give up, never give up.

 Disclaimer

Information on this site is provided as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call Brown + Wayson LLC at 503-891-8376.

 

This site is under construction, please check back regularly for updates     Brian@Brown-Wayson.com      All content at Brown-Wayson.com is copyright 2010 - 2011 Brown + Wayson LLC

 

 

 

 

 

 

 

 

 

 

 

 

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