This page contains the Terms and Conditions as well as the disclaimers for BenefitsClaimAdvice.org and any user of the website. This is a binding agreement that governs our relationship with you, including the purpose of the website, limitations of liabilities, dispute resolution procedures and restrictions, and specific state-by-state disclosure information. You can find additional information about our privacy and security practices and how we use your personal information on our Privacy Policy page.
BenefitsClaimAdvice.org may be used only under the following Terms and Conditions. If you do not agree with these Terms and Conditions, you must stop using this site immediately.
Purpose of BenefitsClaimAdvice.org
The purpose of BenefitsClaimAdvice.org is to give individuals a general understanding of the Social Security Administration’s policies and procedures, the regulations and laws involved with Social Security Disability Insurance claims, as well as other information that may be of interest to individuals submitting inquiries through our site. We also provide a vehicle for individuals providing us their contact information to find qualified, professional help through an advocate, or attorney or other qualified professional if, for example, the user decides to apply for social security benefits or wants to appeal a denial of social security benefits, or wishes to receive other information of interest, including, but not limited to, insurance or financial counseling. However, no information derived from BenefitsClaimAdvice.org should be construed or interpreted as legal advice. General information, statements, principles and conclusions presented on this website may not reflect specific regulations or determinations of local, state and federal jurisdictions. In addition, laws can differ from jurisdiction to jurisdiction. They also can change frequently. Because of the varying interpretations of local, state and federal laws, BenefitsClaimAdvice.org users should consult professional legal counsel about the applicability information obtained on this site to any specific problem. A user should not determine whether legal services or a specific attorney is needed based on any website, advertising or marketing. BenefitsClaimAdvice.org should not be used as a substitute for legal counsel. By submitting your information to us through BenefitsClaimAdvice.org, you consent to us selling that information to a third party and consent to be contacted about products and services for which we believe you may be qualified for.
By submitting your information to us through BenefitsClaimAdvice.org, you consent to our disclosure of your information to third parties so that they can respond to your disability benefits inquiry, or any other inquiry submitted by you to BenefitsClaimAdvice.org. You understand and agree that it would be impractical for BenefitsClaimAdvice.org to disclose in advance the third parties to whom your personal information will be disclosed in order for such parties to assist or respond to your disability benefits inquiries (collectively, the “BenefitsClaimAdvice.org Network”), as the third parties who may participate in assisting you is subject to many factors, including, but not limited to, your location, the specific facts or subject matter of your inquiry, and the availability of advocates, agents or attorneys who can assist with your inquiry. Given these limitations and variables, you agree that BenefitsClaimAdvice.org can use its discretion to provide your personal information to third-party participants of its choosing in the BenefitsClaimAdvice.org Network without further notice to you, and that you consent to such third parties contacting you to the same extent and by the same methods as you have consented to receive communications from BenefitsClaimAdvice.org. For the avoidance of doubt, you consent to affiliates within the BenefitsClaimAdvice.org Network contacting you through telephone calls or text messages sent using an autodialer or containing pre-recorded messages at the telephone number you have provided. You acknowledge and agree that BenefitsClaimAdvice.org may be compensated for its role in sharing your personal information to its affiliates within the BenefitsClaimAdvice.org Network.
Attorney Listings
Any information about our attorney and advocate sponsors was provided by the sponsors and has not been verified by BenefitsClaimAdvice.org BenefitsClaimAdvice.org does not warrant the validity of the information, nor does it guarantee the quality of the work product. The determination of the need for legal services and the choice of a lawyer are important decisions and should not be based solely upon advertisements or self-proclaimed proficiency. No services performed by, or information provided by, BenefitsClaimAdvice.org should be construed as a recommendation of any attorney’s services.
A description or indication of limitation of practice by an attorney does not mean that any agency or board certified such lawyer as experienced in any indicated field of law practice, nor does it mean that such lawyer is necessarily any more proficient or competent than any other attorney. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.
We Do Not Provide Legal Advice or Referrals
We do not offer legal advice, attorney referrals or legal recommendations, mediation or counseling. If you do decide to use our website to obtain help with a social security claim or appeal and give your information to us, some vendors, affiliates and partners of BenefitsClaimAdvice.org could pass your information to an accredited, qualified advocate or attorney to contact you about your claim or appeal. Users of BenefitsClaimAdvice.org assume all responsibility for their actions, selection of legal counsel and use of information obtained on BenefitsClaimAdvice.org
By filling out information on our case evaluation form or any other form on BenefitsClaimAdvice.org, the transaction is not considered part of an attorney-client relationship. We are not attorneys. We reserve the right not to respond to inquiries.
Information provided to BenefitsClaimAdvice.org may be shared, sold or provided to a data collection company unless specifically prohibited.
Ownership, License and Restrictions on Use
All the text, images, icons, logos, identifying products and services and intellectual property of BenefitsClaimAdvice.org belongs to us. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) within BenefitsClaimAdvice.org belongs to BenefitsClaimAdvice.org. In addition, the names, images, pictures, logos and icons identifying BenefitsClaimAdvice.org’s products and services are proprietary marks of BenefitsClaimAdvice.org and its subsidiaries or affiliates.
Except as provided below, users shall not confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. The user of BenefitsClaimAdvice.org is hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from BenefitsClaimAdvice.org provided solely for the user’s informational and non-commercial purposes. The user shall not remove or obscure any identifying marks, logos, icons, images or copyright notices or other notices. Except as expressly provided above, no part of BenefitsClaimAdvice.org, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from BenefitsClaimAdvice.org be stored in any information storage and retrieval system without prior written approval from BenefitsClaimAdvice.org
Links
BenefitsClaimAdvice.org does not quality-control links to our site. We are not responsible for any material or information contained on sites that link to us. Users of our site may provide links to us provided (a) the user does not remove or obscure, frame or distort or hide advertisements, the copyright notice or other notices on BenefitsClaimAdvice.org; (b) the user provides BenefitsClaimAdvice.org with notice of such a link by sending an e-mail to support@BenefitsClaimAdvice.org; and (c) the user discontinues providing links to BenefitsClaimAdvice.org if we notify the user to do so.
Disclaimers
We are not affiliated in any way with the Social Security Administration. As used in content on BenefitsClaimAdvice.org, the terms “Social Security Lawyer,” “attorney,” “advocate,” “representative,” et al, do not mean an attorney or lawyer affiliated with the Social Security Administration. The terms “Social Security,” “Social Security disability,” “Social Security Administration,” “Supplemental Security Income,” and “Medicaid” on our website do not convey that they are endorsed by the Social Security Administration.
BenefitsClaimAdvice.org is provided on an “as is” and “as available” basis. We disclaim all warranties of merchantability, fitness for a particular purpose and non-infringement. BenefitsClaimAdvice.org disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of or in any way related to (a) any errors in or omissions from our site and its content, including but not limited to technical inaccuracies and typographical errors; (b) any third-party websites or content on those sites directly or indirectly access through links on our site, including but not limited to any errors in or omissions therefrom; (c) the unavailability of our site or any portion of it; (d), the user’s use of our site; or (e) the user’s use of any equipment or software in connection with our site.
Limitation of Liability
A covered party shall not be liable for any direct, indirect, incidental, special or consequential damages of any kind. That includes, without limitation, attorneys’ fees and lost profits or savings in any way because of, resulting from or arising in connection with BenefitsClaimAdvice.org. Also included is our website content, regardless of any negligence of any covered party. A “covered party” means BenefitsClaimAdvice.org, its affiliates, listees and any officer, director, employee, subcontractor, agent, successor or assignee of BenefitsClaimAdvice.org, its affiliate and its listees.
Dispute Resolution
In the event that there is a dispute, claim or controversy between you and BenefitsClaimAdvice.org, between you and any third party within the BenefitsClaimAdvice.org Network, or between you and any third-party communications service or application provider that transmits calls or messages from or on behalf BenefitsClaimAdvice.org or any third party within the BenefitsClaimAdvice.org Network, and which dispute, claim or controversy arises out of or relates to federal or state statutory claims, common law claims, these Terms, BenefitsClaimAdvice.org’s Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Miami, Florida before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Florida, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1- 16) will govern any arbitration conducted pursuant to these Terms. Either party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested (“Arbitration Demand”).
To the fullest extent permitted by law, each of the parties agrees that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.
Changes to Terms and Conditions
We reserve the right to change the Terms and Conditions of BenefitsClaimAdvice.org at any time and without notice. Users should review this page on a regular basis for any changes. Use of this website following any changes constitutes a user’s acceptance of changes.
Miscellaneous
You warrant and represent to BenefitsClaimAdvice.org that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Any new features, changes, updates or improvements of this website or services provided to you by BenefitsClaimAdvice.org shall be subject to these Terms unless explicitly stated otherwise in writing.
Special State Disclaimers Regarding Specialty Areas of Practice
General Disclaimer: THIS IS AN ADVERTISEMENT
Some states require additional disclaimers. Those are as follows:
Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Alabama Rules of Professional Conduct Rule 7.2(e) (1997).
Alaska: The Alaska Bar Association does not accredit or endorse certifying organizations. Alaska Rules of Professional Conduct Rule 7.4(a)(2) (1998).
Colorado: Colorado does not certify attorneys as experienced in any field.
Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask request free written information about a firm’s qualifications and experience. Florida Rules of Professional Conduct Rule 4-7.2(d) (1997).
Hawaii: There is no procedure for review or approval of specialist certification organizations in Hawaii. Hawaii Rules of Professional Conduct Rule 7.4(c) (1997).
Illinois: The Illinois Supreme Court does not recognize certifications of specialties in the practice of law and that the certificate, award or recognition is not a requirement to practice law in Illinois. Illinois Rules of Professional Conduct Rule 7.4(c)(2) (1997).
Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed experience. This disclosure is required by rule of the Supreme Court of Iowa. Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is experienced in a field of law, nor do they mean that a lawyer is necessarily any more proficient or competent than any other lawyer. A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as an experienced or proficient in an indicated field of law practice, nor does it mean that such lawyer is necessarily any more proficient or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa. See Iowa Code of Professional Responsibility DR 2-101(A), DR 2-101(C), DR 2-105(A)(3)(c) (1997).
Kentucky: THIS IS AN ADVERTISEMENT.
Massachusetts: If a Massachusetts lawyer holds himself or herself out as “certified” in a particular service, field or area of law by a non-governmental body, the certifying organization is a private organization, whose standards for certification are not regulated by the Commonwealth of Massachusetts. See Massachusetts Code of Professional Responsibility DR 2-105(B) (1997).
Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements. Free Background information is available upon request to a Mississippi attorney. The listing of any area of practice by a Mississippi attorney does not indicate any certification of experience therein. See Mississippi Rules of Professional Conduct Rule 7.2(d), Rule 7.4(a), Rule 7.6(a) (1997).
Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations. Missouri Rules of Professional Conduct Rule 7.4 (1997).
Nevada: The State Bar of Nevada does not certify any lawyer as a proficient. Nevada Rules of Professional Conduct Rule 198 (1997).
New Jersey: Any certification as an experienced, or any certification in a field of practice, that does not state that such certification has been granted by the Supreme Court of New Jersey or by an organization that has been approved by the American Bar Association, indicates that the certifying organization has not been approved, or has been denied approval, by the Supreme Court of New Jersey and the American Bar Association. See New Jersey Rules of Professional Conduct Rule 7.4(b) (1997).
New Mexico: Any certification by an organization other than the New Mexico Board of Legal Specialization does not constitute recognition by the New Mexico Board of Legal Specialization, unless the lawyer is also recognized by the board as an experienced in that area of law. See New Mexico Rules of Professional Conduct Rule 16-704(D) (1997).
Oregon: THIS IS AN ADVERTISEMENT.
Rhode Island: The Rhode Island Supreme Court licenses all lawyers in the general practice of law. The court does not license or certify any lawyer as an experienced in any field of practice. Rhode Island Rules of Professional Conduct Rule 7.4 (1998).
Tennessee: Unless otherwise indicated, Tennessee attorneys are not certified as specialists by the Tennessee Commission on Continuing Legal Education and Specialization in the areas of practice listed on their profiles. See Tennessee Code of Professional Responsibility DR 2-101(C)(3) (1998).
Texas: Unless otherwise indicated, Texas attorneys are Not Certified by the Texas Board of Legal Specialization in the areas of practice listed on their profiles. See Texas Disciplinary Rules of Professional Conduct Rule 7.04(b)(3) (1999).
Washington: The Supreme Court of Washington does not recognize certification of specialties in the practice of law. Any certificate, award, or recognition by a group, organization or association used by a Washington attorney to describe his or her qualifications as a lawyer or qualifications in any subspecialty of law is not a requirement to practice law in the State of Washington. See Washington Rules of Professional Responsibility Rule 7.4(b) (1997).
Wyoming: The Wyoming State Bar does not certify any lawyer as an experienced. Anyone considering a lawyer should independently investigate the lawyer’s credentials and ability, and not rely upon advertisements or self-proclaimed experience. Wyoming Rules of Professional Conduct for Attorneys at Law Rule 7.4 (1997).