Individuals with disabilities have often been mistreated. When they seek help from authorities, they may find their application is denied, so they don’t get any relief. Men and women who need help securing their benefits should seek legal advice.
Disability Law
An individual may have a short-term disability or a condition that will affect them for life. Disability insurance replaces a portion of their salary to meet their financial obligations. Those with a short-term disability receive up to 70 percent of their base salary, and benefits are available for six months or less.
Long-term disability coverage pays up to 60 percent of the individual’s base salary and continues until the person recovers. If recovery isn’t possible, the benefits end after a specified period or when the individual retires. However, people may be denied coverage and must turn to disability insurance lawyers for help.
Private and Public Disability Insurance
Employees and employers may purchase private disability insurance through an insurance carrier. Employers may offer this benefit to their workers, or employees may buy it independently. Social Security disability insurance is a separate program provided by the government. People pay into the program through FICA social security taxes. Their work credits determine a person’s eligibility for this program. A third option is disability insurance provided by employers. The Employee Retirement Income Security Act (ERISA) oversees these policies.
Denials
Disability claims are often denied. When an ERISA claim is denied, applicants frequently need the help of an attorney. They have the right to file a lawsuit in federal court, but overturning the denial is challenging, which is why legal representation is helpful. Many people turn to an attorney when applying to reduce the risk of the claim being denied.
Social Security disability claims are also often denied. Individuals have the right to appeal. They do so by filing a Request for Reconsideration. A hearing is held, and an administrative law judge oversees this hearing. If that appeal fails, the next step is bringing the case before the Social Security Administration Appeals Council.
This council doesn’t hear cases but may approve the claim or grant a new hearing. New hearings are typically granted when the administrative law judge makes a blatant error. An attorney can help the applicant determine whether an error was made or how to bolster the case before the hearing.
Hiring a Disability Attorney
Disability attorneys understand the law and what insurance carriers consider when determining whether to approve or deny a claim. They help clients complete the application, navigate the system, and file appeals. However, finding the right disability attorney is essential.
Many disability attorneys offer free consultations. During this meeting, they explain the disability process and review the potential client’s medical records and work history. Once they have done so, they recommend how to proceed.
When the attorney feels the case has merit, the individual must decide whether to hire this legal professional. Always meet with at least three attorneys before choosing one to handle the case. Most attorneys charge 25 percent of any back pay the client receives if the case is won. However, this amount is usually capped at $6,000. This fee depends on when the attorney is hired and how far the case goes. The attorney only collects if they win.
When hiring an attorney, ensure they have specialized disability law training. Many seek an attorney with membership in the National Organization of Social Security Claimants’ Representatives (NOSSCR). Members have access to continuing education and training resources regarding disability law.
Disabled individuals often find their initial claims denied. To reduce the risk of this happening, consider hiring an attorney before filing a claim. The attorney can help with the appeals process if the claim is denied. They are there to support clients throughout the process.
