3744 Dupont Station Court South
Jacksonville, Florida 32217

Call: 904-733-2800

Fax: 904-733-2805

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It’s finally here! The Law Office of Erik W. Berger’s 2015, Winter Newsletter! Volume 1, Issue 1

Tuesday, January 12th, 2016

2015 was a year full of learning, failing, and succeeding. It’s important to remember that the true joys of life lie within the relationships that we make and maintain with our loved ones and the memories that we will forever hold dear.

We here at the Law Office of Erik W. Berger wish all of our clients, present, past, and future, a happy holiday season and a happy new year!

We know that real life doesn’t stop when the holidays come around. As a matter of fact, anxieties may be higher and worries may be greater. Channel that potential negative energy into productivity! Take a break, relax, and review our exceptionally helpful newsletter.

If you have any questions, be sure to contact out office at


Winter newsletter 2015 Page 1 Winter newsletter 2015 Page 2

Recent Social Security Cases by the Law Offices of Erik W. Berger in Federal Court

Friday, October 23rd, 2015

Obtaining legal representation should be a confident investment, not a luck of the draw choice! These are your benefits, let US fight for YOU!


Take a look at a few of the Law Offices of Erik W. Berger’s recent and most successful cases!


Michael v. Colvin, 3:14-cv-1357-J-JBT (M.D. Fla. July 13, 2015)

– In Michael we argued that the Administrative Law Judge improperly determined that the Plaintiff was required to pay back Supplemental Security Income benefits awarded to her as a result of her disability.  The Court agreed that the ALJ’s decision was not legally deficient and remanded for a new determination and with instructions that the ALJ specifically address the credibility of the Plaintiff and her father.


Salisbury v. Colvin, 3:14-cv-789-J-MCR (M.D. Fla. July 9, 2015) –

In Salisbury the claimant’s treating physician offered the opinion that she could not perform any work on a regular and consistent basis due to impairments to include lumbar degenerative disc disease, chronic back pain, sciatica and obesity.  The ALJ though disregarded the opinions of the treating physician specialists and the Law office of Erik W. Berger argued that the ALJ failed to provide good reasons for disregarding the Plaintiff’s own physicians.  The Court agreed with us and remanded the Plaintiff’s claim for a new hearing with instructions that the ALJ reconsider the opinions from the Plaintiff’s own physicians and re-assess whether the Plaintiff was entitled to Social Security disability benefits.


Stacy v. Colvin, 3:14-cv-525-MCR (M.D. Fla. June 3, 2015) –

The Court in Stacy agreed with the Law Office of Erik W. Berger that the Social Security Administration erred when it failed to properly evaluate the medical opinions of numerous physicians that supported the conclusion that the claimant could not perform any work on a regular and consistent basis.  As a result of the various errors committed by the ALJ, the Court reversed the decision that the Plaintiff was not disabled and remanding his claim for a new hearing and a new decision on his entitlement to Social Security disability benefits.

A Big THANK YOU to all of Our Wonderful Clients!

Friday, October 9th, 2015

The happiness and satisfaction of our clients are our number one priority!

Whether you are seeking help for a long term/short term disability claim or a Social Security claim, we are here to help! Take a look at what our clients have to say!

Give the Law Offices of Erik W. Berger a call today to schedule your free consultation!



UPDATE! New Wait times for Social Security Disability Hearings!

Wednesday, September 30th, 2015

Recent information has been provided addressing the wait time for a Social Security claimant to have his or her disability hearing.  This information contained the following relevant and material points:


  • As of July 2015 the average hearing office processing time increased to 511 days.
  • The actual record for processing time is 532, which occurred in August 2008
  • The number of pending claims at the Office of Disability Adjudication and Review (ODAR) hit 1,000,000 in November 2014 and as of July 2015 there were 1,056,071 pending cases
  • In Jacksonville, the average wait time for a hearing (beginning with the date the hearing was requested) was 17 months as of August 2015. For Ft. Lauderdale it was 18 months, for Macon, GA 18 months, for Miami, 22 months, for Orlando 17 months, for Tampa 17 months and for Savannah, GA 17 months.


There is a very good chance that the average wait time will continue to increase in light of inadequate resources provided to the Social Security Administration, a cap on the number of decisions an Administrative Law Judge can issue and the lack of an adequate number of Administrative Law Judges.


At the Law Office of Erik W. Berger we do our best to fully develop our clients’ files with evidence supporting their claim for disability benefits with the hope that their claims can be approved without the need for a hearing.

Why should I obtain Long Term and/or Short Term disability coverage?

Wednesday, April 1st, 2015

While you may think it will never happen to you, there is a very good chance that you will suffer an injury, sickness or illness sometime in your life that may affect your ability to work.  According to the Social Security Administration, 20 year old workers have a 1 in 4 chance of becoming disabled by age 67.  With the average American drawing disability benefits being 50 years of age and the average benefit being only $1,113 it is important to have additional coverage if you become disabled.


Social Security Disability Hearings in Florida – It is a long wait and less claimants are being awarded benefits!

Wednesday, March 25th, 2015

The wait time to get a hearing before the Social Security Administration continues to increase. Along with increased wait times, the number of claims approved by Administration Law Judge’s (ALJ’s) continues to decrease.


TV Commercial for Law Offices of Erik Berger [Video]

Monday, October 3rd, 2011

Filing for disability benefits? We can help you navigate the confusing and complex system so you don’t have to do it alone. Get the benefits you deserve, view our new television commercial:

The importance of evidence from your doctor

Thursday, September 15th, 2011

When filing a claim for Social Security disability (SSD) and/or Supplemental Security Income (SSI) benefits, it is very important to obtain opinion evidence from your treating physician.  This evidence  should address the length and frequency of the treatment provided by your physician, the impairments you are being treated for, the clinical and objective findings evidencing these impairments and whether you can perform any occupation on an 8 hour a day, 5 day week basis.

The Social Security Administration’s rulings and regulations and the legal authority state that great deference should be given to the opinions of a treating physician regarding a disability claimant’s ability to work.

At the Law Office of Erik W. Berger we attempt to obtain evidence from your treating physician in each and every disability claim.  Please do not hesitate to call us if you have filed or are thinking about filing a claim for SSD, SSI or long term and/or short term disability benefits.  We represent disabled individuals in Jacksonville and throughout the states of Florida and Georgia.

Recent Social Security Administration Changes

Wednesday, August 24th, 2011

Recently, the Social Security Administration has changed the way claims are handled after a denial of benefits by an Administrative Law Judge (ALJ).  Prior to the enactment of Social Security Ruling 11-1p,  a claimant was allowed to file both an appeal of an ALJ’s decision and file a new claim for benefits immediately following the ALJ’s decision denying benefits.  The Social Security Administration has now though limited a claimant’s ability to file a new claim for benefits if he/she decides to appeal the ALJ’s decision.  While it is too early to determine the fully implications of this Ruling, it is fair to say that it is a very unfavorable action by the Social Security Administration that will result in even greater difficulty in disabled individual’s efforts to obtain these much needed benefits.

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