This content written for Willhoite Law, PLLC.
When you are unable to work due to a long illness or physical disability, you may question why you need to hire a disability lawyer. After all, you may have disability coverage through your employer or through a private insurance policy that you will expect will cover you in your time of need. The fact is, most disability claims are initially denied. Getting help from an experienced legal advocate can help position you for success in getting the benefits you deserve.
Disability law usually focuses on Social Security disability benefits. If you are disabled and can’t work you may be fit for disability advantages if your company has a disability policy. Getting the benefits is not as easy as it looks like. An experienced and skilled Social Security disability lawyer can help you in filing a successful disability claim and execute the appeals process.
- Social Security Disability (SSDI) gives monthly benefits to the taxpayers who are not able to work due to a disability. All your benefits are completely based on how much you have paid regularly through pay check deductions. SSDI is also available for children if the disability is extremely critical.
- Supplemental Security Income (SSI) is a related aid for the people who have low-income or who never worked or not worked sufficiently to fit for SSDI. Claimants must meet with the income eligibility requirements.
- VA disability compensation is only open to military ex-soldiers who are disabled due to a service-related injury or illness or a long term disability.
All the benefit or amount depends on the type of disability and the number of dependents on a disabled person.
Why the Majority of Claims are Denied?
The Social Security Administration (SSA) or Veterans Administration (VA) may disagree that you meet the definition of a physical or mental disability. Paperwork may contain mistakes or the administration may need additional documentation to process the claim. Willhoite Law, PLLC lawyers have been successful at every stage of the Social Security disability process:-
- Revising and resubmitting your application for reconsideration.
- Developing or giving you knowledge regarding your hearing before an administrative law judge (ALJ) to explain why you cannot work.
- Legislative or district court appeals of the ALJ judgment.
If you are appealing for Social Security disability advantages in Oklahoma, you may be wondering whether or not you require a lawyer in order to apply for the advantages you want. There is no need to hire a lawyer by the law but you will find it very helpful to hire an experienced and skilful Social Security disability lawyer for the following reasons:
- A lawyer will assist you in filing all applications or forms in the initial application or during the time of reconsideration and trial and assure that your application is complete.
- A lawyer will help you in all the steps of the process and will work as the communicator between you and the Social Security Administration (SSA).
- A disability lawyer will study your medical records and assist you in collecting any missing medical tests thus organising and collecting all your medical evidence documents and gathering the required data to strengthen your disability claim.
- A skilled lawyer will study your social security claim file completely and check for all the possible weaknesses and loopholes to decide what is required in order to win the claim.
- Your lawyer will represent you during a trial of your claim before an Administrative Law Judge (ALJ). Most of the disability cases are won during the trial level. A Social Security lawyer will ensure that you are enough prepared for your trial.
- Your lawyer will assist you during the complete process.
- Your lawyer will appeal your case, if suitable.
- If your initial claim is dismissed, your next move is to file an appeal for reconsideration.
- In Disability claims lawyers are not paid until they have won the claim, so no need to pay a single penny till you have won the case.
Throughout the reconsideration step, the other Social Security Administration (SSA) will take a look at all of the evidence including any new evidence you are able to present and will rule again based upon your medical documents and claim applications. If your appeal for reconsideration is also dismissed, you will still have an opportunity to present your claim in a disability hearing before an Administrative Law Judge (ALJ).
The trial is usually the best way applicants have of having their claims accepted. This is because it is the only real chance to present their case, face to face before a Social Security representative who will make his judgment on your disability claim. If your application is again denied after the trial before Administrative Law Judge, you can appeal that the decision is analysed by the appeals council.
The Appeals Council will review the details of your claim to ensure that the Administrative Law Judge (ALJ) considered all of the evidence in accordance with the law. They may support the Administrative Law Judge’s judgment or may assign it back to the Administrative Law Judge with additional instructions for reconsideration, or they may reverse the ALJ’s decision.
If you still not receive positive judgment in your favour after your claim has been reviewed by the Appeals Council, you still have one appeal left. You can demand a Federal Court review, although this is generally not tried by the applicants. Luckily, most Social Security Disability claims don’t require going that far. Most of the disability claims are accepted at the trial level.
Hire a Social Security Lawyer
You may hire a social security lawyer or other legal representatives that will help you in all the steps starting from the application to the appeals process in each stage to get the best Social Security disability benefits.
A lawyer will be very aware of all the processes so he or she will able to save your valuable time and manage your stress during your tough time. Statistics have proved that having a disability lawyer assist you with your disability claim significantly increases your possibilities of having your disability claim accepted.