A quick guide to disability claims

Disability sometimes happen suddenly or gradually, as the capability to perform occupational duties may diminish over the time. Becoming disabled affects your family's financial future and at stake is your job, your earnings stream, your medical benefits as well as your retirement benefits. At this juncture, applying for disability claims is usually a prudent move, if you are disable and not able to work any more.

A disability claim is the request you may make for income assistance filed with the Social Security Administration. This is usually filed in case when a person believes that a physical or mental disability has lead to his or her failure to find a job or live a normal life.

There are two categories of Social Security Disability program: The Social Security Disability Insurance (SSDI) and The Supplemental Security Income (SSI).There are generally 5 stages of process of disability claim filing. The process begins with the initial reconsideration stage followed by the hearing and later proceeds to appeals council hearing and finally, the federal district court appeal. After the initial filing of an SSDI or SSI application, representatives of Social Security claims will give their verdict within a space of 3 to 5 months.

If the verdict is not in favor of you, you still can file for reconsideration within 60 days of the decision. You can now take the help from experts in the field to gather additional documents and medical reports to support the claim. Your request for the reconsideration may take up to couple of weeks to 6 months. If again your request is denied, you can then proceed to next stage of appeals. Your case will now be brought before appeal judge were the services of a disability lawyer will help you to put your points in front of the judge. If for any unfortunate reason your disability claim is rejected at this level, you can then take it to the Social Security Administration Appeals Council and finally to Federal District Court.

Applications for disability benefits is more often a complicated process for an individual who's unfamiliar to their own individual disability income plan or employer benefits package. The policies that govern this type of programs are quite complex, which often ends in claimants' application getting rejected or denied. Hence, guidance from disability lawyers is very vital.

There are certain benefits of having a lawyer when claiming for either SSDI or SSI. Reviewal of the case - Many disability claims are rejected at the initial level because applicants are not properly aware of the procedure. By referring to a disability attorney, the claimant can learn whether he/she is indeed eligible for the benefits.

Evidence evaluation - Disability claim lawyers are qualified to help their clients with preparation and presentation of necessary evidence like medical records, financial records, and other related documents.

Acquainting the claimant for hearings - Many applicants are baffled during hearings resulting in denial of majority of the cases as the Administrative Law Judge (ALJ) is particular with the information and details of the claimant; therefore, consulting a legal professional is necessary.

Counseling the claimant regarding ALJ's questions - Lawyers are well-versed with the information ALJ seeks from the applicant. This helps to avoid spilling of unnecessary details that may compromise the claim.

To conclude, you need a Social Security attorney, not to speed up court decision, but to boost the odds of getting a favorable decision for your claim.

How can a disability claim lawyer help you get your rightful benefits?

When an employee is unable to work because of a physical or mental impairment or disability, the biggest question he / she faces is from where to obtain the needful income. In such difficult times, an employee can apply for either Social Security Disability benefits or Supplement Security Income. However, the application process of disability claims takes a long time and is quite time-consuming. Generally, an average case can take around 18 months to 2 years. It could take longer as not every application gets successfully processed. There is a possibility of a claim denial which could then result in the appeals process. This tedious procedure can prove exhaustive for the employee and his / her family who is already experiencing agony because of the disability.

Hence, at this juncture, having a qualified and specialized disability attorney can provide you representation and an advantage of reassurance to turnaround things effectively in your favor. Experienced Disability lawyers are well-versed with every intricate legal bylines regarding the disability claim program. They will analyze the circumstances of the case thoroughly and accordingly chalk out defense strategy in the interest of the claimant (applicant).

When you hire an attorney, he can facilitate you in the process of application and can help you to obtain your benefits. Your attorney will then handle the arduous paperwork of various forms and arrange all required medical details by co-ordinating with your doctors. This paperwork needs expert attention as they are very essential in order to prove you eligible for the claim.

If your claim is rejected on the reconsideration stage, you still can appeal again, this time before an Administrative Law Judge (AJL). A hearing before the AJL is similar to other legal hearings therefore, it is advisable to have a disability attorney once again at this stage. You may be nervous or not in the right frame of mind before your hearing which can prompt a mistake and any misstep from your end can cost you the benefits you deserve. But, your attorney will be very familiar with the proceedings and knows what to expect during the appeal to AJL.

As a matter of fact, statistics show that when disability claim lawyers represent a disability claimant, it is twice as likely to be approved than an unrepresented applicant.