An Interesting But Motivational Case Of Disability

Disability is something that nobody wants in his or her life. Because, when it comes, it not only hampers your daily schedule but also gives you a financial jolt. Your most of the savings would be used in a matter of few months. And even after you recover from the disability, you may or may not be in the condition to earn from the source you used to. If you are working for a firm, it might happen that the employer could terminate you because you were on leave for long time. You could even go for filing a disability claim against your employer but rather than giving you money quickly this could take more of your money and also you would have to wait for some time before you could get your claimed money. This could give you money but that sum of money would be helpful for few months or few years. But after that your struggle could continue unless you have found other way of earning. Below is the case of disability of a young and enthusiastic girl who was disabled permanently but found her own way of earning. The story goes something like this:

"Stephani Victor is an American girl with vibrant spirit and unstoppable desire to learn. This characteristics of her landed her in a highly competitive film school at the University of Southern California in 1995, where she graduated with honors.

She was well on her way to a successful career in film when she met with a devastating accident. She was hit by an out of control car that crushed her into a parked car while standing in the driveway. In an emergency effort to save her life, doctors removed both her legs. At 26, Stephani was left disabled with whole life ahead.

After 3 years and 11 surgeries, she was left in a very deep financial crisis. Also, she was not able to return to her previous job and she has very limited savings. Her medical bills showed a staggering amount of well over $250,000.00 even with full coverage health insurance. This was too much for someone who had just graduated from the college. But this could not bring her confidence down and even with this disability she decided to make most of her remaining life. In 1999, she tried skiing for the first time with a mono-ski since the accident. This is where she found an opportunity and decided to become a skiing champion. With her utmost dedication and confidence, in 2000, she won her first U.S. National Title in Slalom. Currently she is the reigning World Champion, Paralympic Champion and Overall World Cup Champion.

Thanks to the success in skiing, film and motivational speaking, she is currently in a financially stable position. She considers herself very lucky because nobody could be as fortunate as she was after a life-changing injury. She was not aware of disability claim before the accident. Having a disability claim could really help in reducing the financial burden."

In such cases, even long term disability claims could not help you out and one would have to find his or her own way of earning as in this case she found skiing as her way of earning.

About the Author

Julian Booth writes regularly for disability benefits and disability claims. He has written many articles for long term and short term disability claims.

Facing a Disability? Choose Disability Claims Type Wisely

Brief Overview on Various Disabilities

Disabilities can be of many different types, some mental and some physical. People are not always born with a disability. They might acquire it during the course of their life.

 There’s a long list of physical disability including walking, hearing, sight or even failing to move a certain part of the body. Some of the cases might seem trivial like poor vision or inability to hear out of both ears but they are definitely considered as disabilities.

Even if a person has hard-time talking and conversing with different people, he/she might be at a risk of facing mental disability. If you cannot think for yourself easily then it also counts as a type of mental disability. Individuals suffering from dyslexia have trouble with letters and numbers and they certainly have hard time thinking as compared to average human being. Thus, dyslexia is counted as a disability.

Types of Disability Claims

When it comes to disability claims, there are two types: Long term disability claims and short term disability claims. Depending on the medical condition, you may be eligible for both types of insurance through your employer in the form of a group plan. If your employer doesn’t provide you with these benefits, you can claim the benefits directly through an insurance company on an individual basis.

Short-term Disability or Long-term Disability? Confused?

The application of claim is quite uniform amongst majority of the insurance companies. They require a completely filed application, an insurance medical exam, a telephonic interview and a proof of income tax returns. An average duration for a policy to get the approval is 3-8 weeks. However, the dilemma that many individuals face is whether to claim for short-term or long-term disability.

Conventionally, a short-term disability policy has 7-14 days of waiting period and 3-6 months of benefit period. In most situations, short-term disability claims are intended to pay the benefits while a person is waiting for his/her long-term disability policy. Additionally, short-term disability insurance pays for the expenses for relatively shorter periods and serves as a protection against minor injuries or sickness but not something major.

On the other hand, as per the terms of long-term disability insurance policy, a person becomes eligible for benefits only after 90 days of disability. He/she will continue to get the benefits for five years, ten years or till retirement depending on what was opted during the filing of the claim. A long-term disability program is a life-line for persons who are struggling to pay for their medical and other daily expenses.

Importance of Disability Policies & Choosing a Disability Lawyer

Amid our daily professionals and personal life, most of us never expect or assume that we can face disability. Image a scenario when your daily source of income ceases due to disability. And as a result, we are no longer able to support our everyday expenses and loans. In such grim circumstances, it is these disability policies that help a disabled individual to sail through.

It is advisable that if you do not get benefits from your workplace and opt for individual coverage then you should hire a specialist lawyer who can trust and helps you throughout the entire claim process. A professional attorney can assist you by finding and advising about the best and rightful policy for your disability.

Source: http://socyberty.com/law/facing-a-disability-choose-disability-claims-type-wisely/

Choosing a right disability lawyer for your case

If you have incurred injuries and are now facing disability then you can rightfully file a disability claim under the Social Security Law. However, if you are not familiar with the legal procedure and lack knowledge regarding such law then it becomes difficult to get favorable results for your disability benefits claim. And when you face rejection of your claim it may further add to your trauma.

But, it is in your hands to have the positive outcome of your disability claim case. You should consider hiring a reliable Social Security disability lawyer as his/her expertise in this field will be of tremendous advantage to you and it will make the progress of your case even quicker. Disability claim lawyers will perform necessary tasks like filing up of claim forms and other required paperwork which you may not be able to do anymore because of your disability. They will also collect all your medical records and certificates required to further attest your claim from your attending physician.

Furthermore, your attorney will also confirm what benefits you are eligible for. After duly completing these tasks, he/she will then file your case. If your case goes for a court hearing in front of an Administrative Law Judge, he/she will also represent you accordingly. His/her expertise can thus give you assurance that acquiring your rightful benefits won’t be an impossible thing. However, finding the right lawyer for your case can be a difficult process. Some people find a lawyer through their family member or a friend who has had to go through the similar process and had experienced success. Some other individuals go through local phone book or the Internet and then make calls to different law firms and lawyers. There’s yet another group of people who ask for recommendations from the state bar association.

When you contact disability lawyers you need to ask some key questions. Inquire about their experience in this particular kind of case that you are bringing and also their success rate. Also ensure that the lawyer is not located too far otherwise communicating and arranging meetings would be another hassle. You must even consider certain eligibility criteria before you hire the lawyer. He/she should be a part of a reputed law firm and if not, then at least he/she should have history of winning legal battles in the court.

Last but most important factor with regard to filing a disability claim is the time. Start the process of searching a professional lawyer as soon as you know about your disability. This is because the entire legal process can be very long and trying. The officials of the Social Security Administration take their time to properly verify your eligibility criteria, medical records and many more such things. Hence timely hiring of an attorney is also necessary so that he/she can start examining your case and thus can handle it efficiently and effectively.

A must read before filing your disability claims

Those individuals who are preparing to apply for disability benefits might be wondering how long does a social security disability claim take? Well, it's a difficult question to answer as disability claims may take around thirty days or it may even take over 24 months. An applicant has to begin the process by filing an initial disability claim with the Social Security Administration (SSA). Once the initial claim is filed, it is forwarded to the particular state disability agency for medical verification. If the individual's claim is approved on the first instance then the entire process can get over anywhere from thirty to ninety days. However, most initial claims are rejected by the SSA and hence, it can take longer depending on availability of medical documents, further consultative examinations etc.

Now, when an individual's initial disability claim is denied, he/she is left with two options: Either file an appeal against the denial or file a new disability claim. But, it is highly advisable not to file a new claim. If you have faced rejection from the SSA, filing an appeal would be the best option.

Filing a disability claim can be very confusing for an applicant because of its technicalities and stringent regulations. Therefore, hiring the services of an experienced disability lawyer is crucial.

Selecting the best lawyer for your case

Like most other claims, getting a successful result for disability claims can be equally difficult. Although, with the help of expertise of a competent legal adviser, you have much better chances of a positive outcome. But the most difficult part of the entire procedure is to select the right disability lawyers for your case.

How to hire the right disability lawyer

You can surf through the Internet and check the webpages of disability lawyers in your locality. Study their experience, past achievements and portfolio. Their webpages will also have the contact details. Hire the lawyer who has fought and won cases similar to yours in the past. Try to contact the lawyer's past clients. They will give you best opinion on the expertise of that lawyer. Even, associations of legal professionals, consumer welfare organizations and relevant online communities can give recommendations, feedback and review of legal services and attorneys in your area. Moreover, before finalizing any law firm or attorney arrange a meeting to ensure that you are comfortable sharing your personal details with that lawyer. Determine the actual fees of the services and whether the lawyer will charge monthly fees, fees per court session or will the lawyer take certain percent from your benefits money.

Hiring the services of a legal expert will ensure that no major or minor mistake from your end can lead to rejection of claims.

Don't quit, stand up for your short term disability claims!

A mishap or illness can drastically change your life and your perspective towards it. But your responsibilities, bills, and requirements will not cease. As a matter of fact, in these circumstances, your expenses could be even more as you need to pay for medicines as well as doctor's fees. Receiving the short term disability claims that you're owed by your insurance agency or employer is vital to your recuperation and stability. And if you are over age of 65 years or if you were hurt on the job then you need to apply for social security disability or worker's compensation cell.However, filling for disability claims properly is important factor to receiving the coverage you may need.

Majority of claims are rejected because people make minor mistakes while applying and this can prove crucial. Following are some of the points your need to take care off to get the approval.

• Take a note of pre-purchased disability policy paid by you
• Never submit any fake document or information while claiming your rights
• Thoroughly get the knowledge of rules laid by the state of your residence in the matters of disability
• You must understand your employer's liability for short term disability

Moreover, there exists a group of people who are facing disability and aware of their rights yet they prefer not to claim for it as they don't want to go through tedious and lengthy legal process of disability claims. Their concern is obvious because of the very complicated procedure which can generally take a long duration to get settled. Also, to successfully get approval of disability claim you need thorough knowledge of the policies.

Hence, it is advisable to hire a professional and experienced disability lawyer. Disability lawyers are a great resource in such difficult times and their know-how of legal policies can help you to understand all existing rules so that you can sail through. Irrespective of the seriousness of your injury and recovery period, your attorney will assist you and you won't have to face any hassles.

Facing long term disability ? Take expert's help!

Doctors, dentists, attorneys, CEOs or any other professional with high income who unfortunately become disabled, have a lot to take into account apart from their medical condition and the prognosis. When the disability is diagnosed, it is common to feel depressed and think that everything has come to an abrupt halt. Irrespective of the economic status, the shock and trauma upon knowing about the disability is numbing for every individual.

While your doctors decide on the most suitable course of treatment for you, you tend to ponder on short and long term consequences. In some cases, when odds are in favor, the medical treatment does ensure complete recovery. But in other unfortunate situations, you might not have any way of knowing the future of your disability except waiting for the right time. And during the treatment and probably immediately after it, you even may not be able to work, at least for some period of time.

At this juncture you must consider filing disability claims for long term benefits. A high income professional like you also ought to carefully consider the most beneficial way to file long term disability claims as a lot is at stake for you like your constant flow of income, your lifestyle and the retirement plans etc. Thus, it becomes imperative to evaluate all options regarding disability claim and how and when to go ahead with the procedure.

The big question however is whether to proceed on your own or hire a specialist ? Experienced long term disability lawyers are an option you can consider. You might ponder, when you have paid premiums for around two decades, why engage another professional and pay them as well ? You might even even think that at this stage you legitimately can no longer work, so it should be a simple case of filing your claims and get the advantages you are entitled to by letting the insurance company know about it. The entire process can be as simple as it sounds if we were living in an ideal world. However, the world isn't perfect. Alas! The insurance firms carefully review claims especially those that involve long term and potentially large liability payments on their behalf.

Filing disability claims generally is a complex process. A lot of people facing disability understandably have no experience filing a claim, and at this point when they are not well, it is difficult to think intelligibly which they need to win the case. A simple mistake from your end can cost you a lot. Hence, first carefully understand what you have at risk, and wisely opt for the next step considering the options that make the most sense and are best for you.

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.