Hiring an Attorney for Disability Appeals

Applying for disability benefits can be a confusing and complicated process. It can feel extremely defeating, when a first application for disability is not approved. Over half of all disability claims are denied in the beginning. Consider hiring an attorney to work with you during a disability appeal.

Social Security Programs

There are two federal disability programs: disability insurance and supplemental income. The Social Security Disability Insurance (SSDI) program is for persons with a disability that makes it difficult to become or remain employed. Compensation under SSDI can be temporary or permanent depending on the disability. Requirements must be met including a history of employment.

Supplemental Security Income (SSI) benefits are for disabled people whose incomes are below a certain level. SSI is for low-income persons only, a rise in income may decrease benefit amounts. Past employment is not relevant for this program.

Criteria

The Social Security Administration (SSA) classifies the eligibility of disability benefits as: mental or physical condition that prevents engagement in productive endeavor. The circumstance should last for at least 12 months (or death); persons are required to be under sixty-five years old and worked five out of last ten years before injury.

Attorney’s Role

Legal professionals that take-on disability claims know the process extensively. Their knowledge and experience prepares them for the complexities of receiving benefits from a federal program.

The Process

The Social Security Administration is the government agency that oversees disability claims. An experienced lawyer can enter pleadings on the behalf of their client for a review of the disability claim. A disability report and medical release forms are requested before a hearing is performed. Law counsel will discuss any additional forms or information that may be required.

Filed Under: Disability Advocates Tagged With: , ,

Disabling Conditions Require Treatment

In order to qualify for social security disability insurance (SSDI) benefits, you must be receiving treatment for your condition.  The Social Security Administration evaluators will not believe your disability is real without evidence of diagnosis and treatment. A diagnosis certified by a medical professional will not be sufficient for a treatable condition, because the evaluator needs to know whether the condition would improve with treatment. Benefits are not given to individuals who have treatable conditions unless it has been demonstrated that treatment was administered, but failed to alleviate the condition.

A complete application will include records from every medical provider you have ever seen for your illness. Physicians, hospitals, clinics, and other providers’ records should be submitted to support any claim. The evaluator needs all of these records in order to get an accurate picture of the condition, its history and prognosis. Conditions that do not last at least 12 months do not make a patient eligible for disability benefits. Of course there are many conditions that can be projected to last at least one year, and medical evidence of that prognosis will be used to certify a person for benefits.

In some cases treatment is not received due to circumstances beyond the control of the patient, such as inability to get insurance coverage. That would be considered a mitigating circumstance, so documentation of why treatment could not be received is required. Ongoing treatment that can be expected to reverse the disability must also be monitored, so that if the disability is reversed, and the client is able to return to work, he will no longer receive benefits.

A person who refuses treatment for a medical condition makes himself ineligible to receive disability benefits for that condition. It only makes sense that a person would do everything in his power to overcome a disability, rather than try to make a career out of it.

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A Look at Long Term Disability Insurance

Some employers might offer their employees an option of going with a long term disability insurance. This insurance is purchased with the idea that should a person suffer a disability that will leave them unable to work they will receive a monetary amount to help cover expenses. What people do not know is that long term disability insurance has many rules and guidelines that could prevent the person who is buying into the policy from collecting on the policy. Here is a look at what a person will have to undergo to collect on their long term disability insurance policy.

 

The Disability Test. Under long term disability insurance just stating that you have a disability and showing a doctor’s note or medical records is not enough. You will have to undergo a disability test that is provided through the insurance company. This test is run by a doctor of the insurance company’s choice and will include looking at the person’s disability and assessing whether or not the disability is so bad that the person cannot go back to work. Due to the fact that the doctor is not always an unbiased individual this disability test is often considered unfair.

 

Conditions Not Covered. Many conditions are not covered under the long term disability insurance policy. If the condition has been deemed as pre-existing the policy is voided and the person cannot collect on it. However, pre-existing could be defined as being existent in the body even though the person had no idea it was there. Conditions that are not easy to detect will also not be covered. These can include lupus, chronic fatigue syndrome and other non-detectable diseases.

 

Length of the Coverage. Depending on the long term disability insurance company the policy can pay out for anywhere from a few months after the disability all the way up to retirement age. The company reserves the right to stop paying if it deems that you can return to work.

 

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Preparing for Social Security Administration Disability Hearing

Should your Social Security disability benefits claim be denied you have the right to stand before a social security administration judge and plead your case. Social security disability is intended for those that are unable to work due to a mental or physical disability that causes them to be unable to work for a year or longer. This trial is a chance for those individuals to plead their case and hopefully get the funds that they need to help them out. Here is a look at how you should prepare for your social security disability hearing once it has been set.

 

Prepare Medical Records. It is a good idea to go over your medical records. You should know in detail what treatments you had, when the disability started to show itself and everything your doctor has said regarding the disability. This will help your case as you can refer to the medical records when you have your hearing.

 

Go Over Your Employment History. Another area that you should study in detail is your employment history. Try to think of all the ways that your disability will prevent you from performing your job and be able to present this information to the social security administration judge when your trial happens.

 

Personal Letters. When you go into the hearing make sure that you have personal letters from friends, family, co-workers and medical professionals that talk about how your disability prevents you from doing all the daily activities that are required for your job. This will help give the social security administration judge a better idea of your condition and how it prevents you from working.

 

Be Prepared. The social security administration hearing is a very informal process. The judge can ask you any question from stating your medical history to why you feel you need the money. Be prepared for these questions as it will make your case stronger if you know the answers right away.

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How to Create an Individual Educational Program for a Child with Disabilities

Under the Individuals with Disabilities Education Act, schools and other public educational institutes are required to provide children with disabilities with access to free public education. This education must meet the individual needs of the disabled child.

In order for a public school to met the requirements of the individuals with disabilities education act the school must have an individual education program in place for those that have been identified as needing special education. These individual education programs will detail what the child needs, how the school will provide those needs and how the parents can help. These individual education programs require a lot of work on the part of the school and parents. Here is a look at how parents and schools can develop the best individual education program for the disabled child.

The first step to creating the best individual education program is to gather everyone involved for a meeting. This requires all the teachers and parents meeting together to discuss the needs of the child. By getting everyone together it will allow everyone to work together to get the best plan for the disabled child.

The second step to creating the best individual education program is to use the data that is available and the past experiences of the child. If school officials know that a specific educational structure does not work for the child they can try to come up with different educational options.

The third step to creating the best individual education program is to develop a course of action. The course of action needs to be detailed in writing so that all parties know what is being handled and how the educational needs of the child will be met. By writing these courses of actions down it will allow everyone to be on the same page and understand what is being done for the child with disabilities.

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Convenience Learning for Those With Disabilities

It’s easy to see the benefit of distance learning courses that are available in several college programs. Many people choose them for the convenience and efficiency. You can get a degree these days in as early as half a year! As opposed to decades ago, getting a degree took at least three years. So the convenience is there. However, to fully appreciate this type of learning, you have to understand its even greater benefit other than convenience and speed. Distance learning is particularly helpful for the disabled.

Imagine if you had to take courses in college, and bring yourself out of bed, into a wheelchair, to go to class every day (maybe every night if you’re taking night classes), through rain or perhaps snow and ice. Imagine the physical grueling nature of the endeavor and recognize that online classes, distance learning courses, are so beneficial to the disabled that even the prospect of finishing a degree on a fast track is not a big deal! Just being able to get up in the morning and sit at the computer to do your work is what matters. Forget the convenience! The necessity to benefit the disabled as best as possible is the real advantage to online programs in college.

While most universities are wheelchair friendly, imagine the constant traveling from class to class in some of these campuses that are so huge, the simple task of getting to your classes can give you major headaches! Doing the work online saves you all of that trouble. There’s nothing better for your everyday disabled person who wants to excel in education and then a professional life.

If you’re disabled and looking for a way to get your degree, consider online programs as a way to meet your educational goals with a minimum of difficulty and stress. Your future awaits!

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