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3/1/2011
Advocate for the Disabled
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Action Needed: Continuing Resolution HR 1 Would Limit Access to Legal Help for Disabled


Important news for the disabled in Florida and throughout the United States
: According to a report from PR Web, a proposed budget cut recently passed by the House of Representatives could jeopardize the rights of the disabled from obtaining an attorney. The cuts are part of an amendment in Continuing Resolution HR 1.

Congress is currently working on the 2012 budget with proposed cuts in federal programs and funding-like those cuts seen in Continuing Resolution HR 1-threatening to drastically impact the lives of many Americans.

Continuing Resolution HR 1 would impact the Equal Access to Justice Act (EAJA), which helps claimants who cannot afford an attorney on their own if their claim for benefits ends up going to court.
Under current legislation, claimants are awarded up to $125 per hour for attorney's fees, along with other expenses that aid in securing help with litigation.

Disability claimants who utilize EAJA and win their case can begin to receive payments once their case closes. This protects the disabled from financial hardship as they fight to obtain the disability benefits to which they may be entitled.

If Continuing Resolution HR 1 passes in its current form, many disabled applicants will find it very difficult or impossible to afford legal help when pursuing a disability or VA claim in federal court, because the bill eliminates access to the EAJA funds used to pay attorney fees.
 Due to the phrasing of parts of the bill, attorneys and disability advocates are not entirely clear on the short- and long-term effects this resolution would have on the rights of the disabled.

Some disability advocates have expressed concern that senators who are set to vote on this piece of legislation may not be aware of the huge impact this will have on the disabled community's access to Social Security disability benefits and the right to legal aid.

Citizens who are concerned about the impact of Continuing Resolution HR 1 (and placing a freeze on EAJA fee payments) should contact their U.S. Senator as soon as possible
.

Filing for Social Security disability benefits is complicated and time-consuming, but at LaVan & Neidenberg, P.A., our team of disability attorneys is ready for the challenge. We like to empower our clients by providing a FREE Social Security disability guide so you can learn more about the process of filing for disability benefits. When you're ready to get started, contact The Law Offices of LaVan & Neidenberg, P.A. to begin your claim. Our state-of-the-art, customized intake and database system means less hassle, so you can focus on what's most important to you instead of having to spend your days wading through confusing legalese and legal red tape. Call today - 1-888-234-5758.



Category: Social Security Disability



Disability attorneys Kenneth LaVan and Adam Neidenberg are members of the Florida Bar Association and the New York State Bar Association.

The Firm has clients nationwide and serves the following areas in Florida and Georgia: Miami-Dade County, Miami, Broward County, Fort Lauderdale, Palm Beach, St. Lucie County, Homestead, Vero Beach, Hollywood, Miami Beach, Miami Gardens, Pompano, Sunrise, West Palm Beach, Boca Raton, Ft. Lauderdale, Atlanta, Georgia, Fulton and DeKalb County




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