5 Types of Cases Where Disability Attorneys Can Help You
If you are disabled and unable to work, you may be eligible for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) benefit. However, it can be difficult to navigate the process of applying for these benefits on your own. That’s where a disability attorney in Bay Area, or wherever you reside, can help.
Here, we list down different case types or situations when you need a disability attorney’s help;
1. You are injured at work and are entitled to workers' compensation benefits
If you are injured at work and are entitled to workers' compensation benefits, a disability attorney can help you file for those benefits. Workers' compensation is a state-regulated insurance program that provides benefits to workers injured on the job. Workers' compensation laws are different in each state, so it's important that you know your rights as an employee working under such laws before filing a claim with your employer or seeking legal help from a lawyer.
2. You are the victim of an illness or disease that is an out-of-work disability
Out-of-work disability is a disability that prevents you from working, and it must be one of the following:
• A physical or mental impairment that has lasted or is expected to last for at least 12 months
• A physical or mental impairment that can be expected to result in death; or
• For example, if you have cancer but it's not terminal and hasn't spread throughout your body yet, this might qualify as an "out-of-work" condition under Social Security rules because it prevents you from working full time (or any amount) for at least 12 months.
3. You have been diagnosed with a medical condition that prevents you from working full time
A qualified attorney will understand how to navigate the complex system and help you get the benefits you need.
An experienced attorney can also help file an appeal if your claim is denied, or if it takes too long for approval (or denial). They have access to resources like medical records that may be needed in order to make your case stronger. They know what kind of evidence is required by both sides in order for someone's claim to be approved or denied quickly and fairly.
4. You have a mental illness or other mental health disorder that prevents you from working full-time
A disability attorney can help you get treatment for your condition. The lawyer will also work with the Social Security Administration (SSA) and any state agencies responsible for administering disability benefits to ensure that your claim is properly filed and processed in a timely manner. The SSA will review the medical evidence and conduct an examination of your physical and mental condition before making its decision about whether or not to award benefits on your behalf.
You should contact an attorney if:
• You've been diagnosed with a psychological problem such as depression, bipolar disorder or anxiety;
• Your symptoms interfere with daily functioning; You cannot work full time because of these symptoms; You have been denied Social Security Disability Insurance (SSDI) benefits because they believe that there are other jobs available within driving distance where someone without these limitations could perform them satisfactorily.
5. You have been denied Social Security Disability Insurance benefits
If you have been denied Social Security Disability Insurance benefits and believe that your case should be reconsidered, then it is time to get an attorney. An experienced disability attorney can help you appeal this decision. The attorney will help prepare the appeal and gather evidence, including medical records and other documentation. The goal of an appeal is to show that:
• Your condition has worsened since the original application was filed;
• You are unable or unlikely ever to return to work because of your condition(s); and/or
• Your employment history does not accurately reflect how much ability remains in spite of any limitations caused by impairments (including mental illness).
A disability attorney will fully understand the laws that apply to your situation, ensuring you get the best possible outcome. A lawyer can help you understand your rights and find a way to get them enforced. They know how to navigate through the legal system and represent you in court or at hearings if necessary.
Conclusion:
We hope this guide has helped you understand how a disability attorney in Bay Area, or wherever you live, can help you and your family.