Sunday 18 November 2012

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.

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