Monday, October 19, 2009

A Disability Lawyer is Here to Help

When you obtain a disability insurance policy with a company you are presuming that if you were to need to file a claim that the insurance company would act in good faith and give you a proper investigation into your injury. If there is adequate evidence of an injury, they are then required to approve your claim and meet there end of the policy agreement through monetary means. However, our world is not so perfect and we end up with insurance companies worrying more about keeping their money then living up to their agreements. It is because of this that we have disability lawyers.

A disability lawyer is an attorney that has dedicated their life and education to learning all the ins and outs of disability insurance and the entire process that claims can go through. If a claim is denied, the next step you should take is to appeal the claim. A disability lawyer will make sure that you are well equipped to fight the appeal and prepared for whatever may come about.

If you are still not able to get anywhere with the insurance company, you may need to pursue a lawsuit. This is when it becomes very important to have the right lawyer on your side. There are many disability lawyers out there, but you need to make sure to seek out the very best. There is no room for error when dealing with a disability lawsuit, so its extremely important to have the right disability lawyer for your case.

Don't let your injury ruin your life. You are entitled to compensation for your disabilities and deserve to have the very best on your side. Trying to go through a disability claim on your own can be very long, hard and difficult. Make it easier on yourself by letting a disability lawyer do the hard part. They have the knowledge and experience in this area.

If you think about it, most likely you have never been hurt before or had a reason to file a disability claim. You wouldn't know the proper stepsto take unless you have been there before. A disability lawyer does nothing but deal with disability cases so they know how to get you what you need. Don't go it alone.

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Disability Attorney - Dell and Schaefer Attorneys

Monday, September 21, 2009

What is a Social Security Disability Hearing Like?

Compared to other legal proceedings, Social Security Disability hearings are considered much less formal. They are nothing like what you might see on a TV court show (thank goodness). That said, these hearings are serious business especially when you consider what is at stake, a person's Social Security Disability benefits.

The hearing is conducted by an Administrative Law Judge (also called an "ALJ"). Also present in the hearing room will be the judge's hearing assistant, any experts the judge has asked to be present, you and, of course, your Social Security Disability attorney. Sometimes your disability attorney will call additional family members or even friends as witnesses if we think it is necessary, but this is rare. As for experts, usually the judge will have a vocational expert (an expert in different types of jobs and what physical abilities they require), and often a medical expert to provide further testimony.

Before the Social Security hearing, your disability attorney will likely have submitted your updated medical records and any opinion evidence he has developed on your behalf. Sometimes this is not possible and your disability attorney will talk to the ALJ about what medical evidence is outstanding. Also, before the hearing, your attorney will have met with you and described the way the hearing will unfold, the nature of the questions you will be asked, and what we are trying to prove.

As the hearing begins, it is customary for the lawyer and ALJ to hold a discussion about the nature of the case and any procedural issues that need to be addressed. These discussions often include a lot of Social Security or legal mumbo jumbo that may seem unclear. Don't worry. Your Social Security Disability attorney will have explained these issues in common sense terms ahead of time.

At this point either the ALJ or your disability attorney may swear you in and begin asking you questions. While there are certainly exceptions (I'm sorry to say), most ALJs are very fair and will hear your case with an open mind. They are not trying to trick you or put words in your mouth. You should answer each question truthfully to the best of your ability keeping in mind the "theme" of your case as your lawyer has developed it.

After you testify, the ALJ will call on the vocational and medical experts to testify. If your SSDI attorney is experienced, he will have a good idea what they will be asked and how to cross examine them. Following this, depending on the how the case has come together and the particular ALJ, your disability attorney may give a closing argument.

In most cases, the ALJ does not announce his decision at the end of the hearing. Again, if your SSI Disability attorney has enough experience, he will have a good idea as to how the ALJ will rule. The written decision should be issued from 2-6 weeks after the hearing. If all went well, your back benefits should be received from 2-12 weeks after that date. A final point about benefits, ensure you attorney double checks the calculation. You want to be assured you are receiving the full benefits you are entitled to!

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Friday, July 31, 2009

Keep your Disability Claim Going

As much as they would want to prevent it, dedicated and hardworking citizens can not control situations leading to their demise or disability. Disability becomes the consequence of illness or accidents in or out of their workplace. Being disabled, one can not anymore perform their present job or any other kind of jobs, anymore.

As a government service to workers inflicted with disability, the Social Security Act provides the Social Security Disability Insurance and Supplemental Security Income (SSI) programs. As compensation for the loss of income by the disabled worker, they can file for disability claims under these programs.

However, many of those who filed their disability insurance claims fall victim into believing that everything would go smoothly and that nothing will mar their claim for benefits. It is important to be enlightened with the hard facts regarding this matter so as to prevent bitter disappointments during the process.

First of all, be aware that the process of securing claims is not a walk in the park. It is a long and constant follow-up. Few claimants are ever enlightened of this fact upon filing for their Social Security disability benefits. There are certain levels in processing of claims, the initial level and the reconsideration level.

According to statistics, 60 – 70% of disability claims at the initial level are denied. Many have experienced receiving in their first notification letters from the Social Security Administration (SSA) that their claims have been denied. Meanwhile, up to 80 – 85% of the claims in the reconsideration level are denied. With this, the social security disability benefit claims takes up to two or more years.

Having these facts in mind, how can one keep their disability claim going?

First of all, for those who find that their case is denied, remember that panicking and brooding about it will not help any. This is not a personal failure since almost all of the claimants experience this. As long as you have your medical records intact and know that your impairments are serious, do not ever give up nor hesitate on filing for an appeal. This is a necessary process and filing a brand new claim should never be an option.

As soon as you received the notification letter expressing denial of your claim, immediately request for an appeal. A grace period of 60 days is given for those who wanted to appeal their claim. Express the appeal by requesting for reconsideration. This should be done personally so that the request will become an official record at the SSA office where the initial claim was filed.

Failure to file for appeal within 60 days will result to losing appeal rights. It is tedious to start at the very beginning again, which involves the filing of a new Social Security Disability or SSI application and most probably, waiting out just to get another denied case.

Once the disability claim has been filed, it is necessary to keep on going, even if the initial level and reconsideration level of the case turns out to be denied. Establish a constant contact with the SSA office where the claim is filed. Getting the advice and guidance of a social security law attorney or even non-attorney representative may also be helpful.

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Disability Attorney - Dell and Schaefer Attorneys

Friday, June 26, 2009

What Is Disability Insurance And How To Find Short-Term And Long Term Disability Insurance Policy Quotes Online?

This is a brief article about disability insurance. It explains briefly what disability insurance actually is and how best to avoid a claim denial.

Before discussing what are denied disability benefits and what is denied long term disability claim, and how to hire long term disability claim attorney, we need to understand what exactly disability insurance is. Suppose, if you became sick or hurt and couldn’t work, how would you pay your bills? How would you maintain your living standard? If you’re like most people, your ability to get up each day and earn an income is one of your most valuable assets. Furthermore, your chances of becoming disabled at some time during your working career are probably higher than you would expect. But fortunately, disability insurance can replace a portion of your income when you are unable to work because of injury or illness.

Disabled workers who have been denied disability benefits or denied long term disability claim can file a lawsuit against their insurance carrier under two provisions using their long term disability claim attorney. It is important to note that these provisions for disability claims solutions vary from state to state: Breach of Contract claims. This disability insurance lawsuit claims that the disability insurance carrier did not provide the services or coverage that had been agreed to in the policy, or contract. This failure is evident in the company not paying you the benefits you were entitled to receive. Bad Faith claims. This long term disability claim attorney claims that the disability insurance company did not act in good faith when determining that you were not eligible to receive benefits.

Let’s see what to do in case of denied disability benefits. If you have been denied long term disability claim, then read your evidence of coverage (which is your contract with your insurance provider) and carefully assess how the plan could be interpreted in your favor or in your insurance provider’s favor. Be familiar with any appeals process. Make sure you have the entire policy or coverage booklet and all of the endorsements. Now read them. Increasingly, these documents are written in language an average person can follow. You will often find that your claim is covered under the policy for some reason which had not occurred to you. If you don’t have these documents, the company must provide them.

In simpler words, if you have been denied disability benefits then you have the right to appeal a denial of your claim. If you wish to appeal, you must make your request in writing within 60 days from the date you receive your denial letter.

Now let’s see how to hire long term disability claim attorney and how many appeal levels are there? Basically, if you have been denied disability benefits and you wish to hire long term disability claim attorney then there are three levels of appeal. They are: reconsideration, hearing by an administrative law judge, and review by the Appeals Council and federal chart review.

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