A disability attorney is one who specializes in pursuing Social Security disability claims. There are several circumstances where you may be searching for a disability attorney to help you with your situation. Here are a few of those times:
Do You Have A Disability Case?
First, do you need help determining whether or not you have a disability case? The best disability attorneys will advise you on whether or not your condition is severe enough to qualify for SSDI. Furthermore, these legal professionals can guide you through the medical evaluation process in order to gauge the actual severity of your condition – giving everyone involved an unbiased assessment of the situation and your long-term prognosis. This type of assistance may help ensure that you won’t live with problems just hoping they will improve, while wasting precious time and money filing a case for a temporary condition (since Social Security does not pay partial benefits or short term disability.)
That said, Social Security Disability Insurance is an option if the disability is expected to last more than a year. You should consult with the best Cincinnati lawyers who focus on disability claims right away since it can take months for a claim to be approved and benefits to begin.
Social Security Disability Insurance or SSDI is available when the condition is expected to become terminal (or when the disability will prevent you from work for over 12 months). Whether you’re facing lung damage due to chemical exposure at work or may have developed cancer from exposure on the job, SSDI may be an option. When you learn that the chronic muscle weakness is actually multiple sclerosis or another life-long condition, you need a top disability attorney to prove the issue so that you can start SSDI (and possibly access other governmental benefits, as well.)
Those receiving Social Security Disability may be allowed to work part time, though there are income thresholds. You may need professional legal advice if something happens to push you temporarily over the income threshold, putting your SSDI benefits at risk.
Social Security Disability may be threatened when the government cannot reach you. If this occurs when they try to schedule an exam or hold a hearing, they may reject the claim. Unfortunately, this issue may simply be due to oversight on your part, a failing on the part of an overworked, inexperienced attorney, or because you’re unable to handle matters yourself after a severe injury. The best, most experienced disability attorneys are necessary to avoid these situations and advocate on your behalf to get the ball rolling again.
You may need to hire a disability attorney to claim benefits after the claim you filed with a disability advocate was rejected. More than half of disability claims are rejected the first time around, but around sixty percent are approved if you have competent legal advice from a top lawyer. The best disability attorneys have an even higher approval rate.
Why Do You Want a Disability Attorney Over a Disability Advocate?
A “disability advocate” is an administrative professional who helps people fill out Social Security paperwork. They are not attorneys, though they should have training in this particular niche. A disability attorney has more rigorous training in both law and Social Security regulations.
Both advocates and attorneys can help you fill out the necessary paperwork and attend Social Security disability hearings. However, only an attorney is qualified to identify legal arguments that help you win your case, cross-examine witnesses, and appeal your case to a higher level. Attorneys are also more likely to do their due diligence and ensure that all the necessary documentation has been assembled to prove that you’re not going to be returning to work any time soon.
Note that disability advocates may work for non-profit organizations that help people claim benefits, while a few work in disability attorney’s offices under the supervision of a legal expert. Only work with disability advocates whose work is supervised and, if necessary, backed up by superior lawyers who focus on disability claims.
Can’t My Doctor Help Me?
Your doctor is there to provide medical advice and treatment, not file disability claims. There are some doctors who will outright refuse to fill out disability forms because they have so many other things to do. Others will provide medical assessments and medical records but won’t write supportive letters for Social Security disability applicants. This may not be because they don’t want to help but because the doctor’s group or HMO has a policy forbidding them from doing so.
However, your disability attorney formally requesting such a letter may be what is necessary for this to happen. And if all else fails, your lawyer can find a qualified doctor to provide the necessary legal forms to prove your level of disability. Furthermore, you may need legal counsel when your health insurer won’t authorize additional tests or cover a second opinion so that you can qualify for disability.
The experienced social security legal professionals at Clements, Taylor, Butkovich & Cohen LPA, Co. are located in Downtown Cincinnati.