Having an illness, injury or disability that prevents you from working is hard enough. Worrying about how you’ll make ends meet or if you’ll be compensated is unnecessary stress.
A good disability lawyer can offer you the support you deserve. A disability lawyer can assist you in applying for disability benefits or hold the party responsible for your medical issues accountable. Rocket Lawyer and Lawyer.com each offer a quick, easy route to connect to lawyers who specialize in these cases.
Disability Cases
While most of us would prefer to work for the money in our pockets, sometimes life’s unfortunate mishaps prevent us from doing that. If a chronic illness or injury is preventing you from working, you may be eligible for some kind of disability aid or monetary damages.
You may be eligible for Social Security Insurance (SSI), Supplemental Social Security Insurance (SSDI), workers’ comp or monetary reparations if negligence caused your disability or permanent disability aid.
You will have to prove that you are unable to work due to your medical condition. This means extensive documentation of your medical condition and the ways it has negatively affected your life. If you’re after workers’ comp benefits, you’ll have to establish that your employer’s negligence directly caused your illness or injury.
To be considered disabled in the legal sense, you must meet rigid standards. How you answer the following questions will determine your eligibility:
- Are you currently employed? You can’t make over $1,260 a month and be considered disabled.
- Is your condition severe? This means it prevents you from functioning at a level that allows you to complete basic work for at least a year total.
- Is your condition on the list of disabling conditions?
- Does your condition prevent you from doing work you used to be able to do?
- Can you do any other work?
Even if you’re positive your case will be approved, a disability lawyer will greatly increase your chances. Disability lawyer fees are mandated by federal law, which is usually the lesser of 25% of your disability backpay or $6,000.
You can use Rocket Lawyer or Lawyer.com to get started on your disability claim today. And if you’ve been previously denied at some stage of the process, get in touch with a legal professional to start the appeal process.
Social Security
If you’re unable to work due to a disability, you may be eligible for SSI or SSDI. Both of these types of benefits have the same medical requirements but differ slightly in the level of support they offer and who is eligible.
Social Security cases are typically decided in an administrative court. Rejection rates during the initial application process hover around 70%, so most successful Social Security requests are granted in the appeal phase.
A lawyer specializing in Social Security will give you a significant edge. It’s an arduous, detail-oriented process and putting your best foot forward is crucial for approval.
- Get in touch with a Social Security lawyer from Lawyer.com or start with the free Social Security Application Worksheet from Rocket Lawyer.
- Gather information, evidence and records.
- Look over this Adult Disability Checklist from the Social Security Administration (SSA). It will show you what information you need to complete the application.
- Complete and submit your application.
- The SSA checks that you meet the basic requirements for disability benefits, including analyzing your work history past and present.
- Your application is processed and sent to your state’s Disability Determination
- The state agency makes a determination on your case.
If your claim is rejected, you’ll need to appeal. There are 4 phases of appeal, during any of which your case could be rejected or approved.
These stages are:
- Reconsideration
- A hearing before an administrative law judge
- Case review by Social Security’s Appeals Council
- Case review by the federal courts
Many claims see approval during this phase, so having solid legal counsel by your side during the appeal process is priceless.
Workers’ Compensation
If you suffer an injury or become disabled while working, you may be eligible for workers’ compensation benefits. Much like a personal injury case, a workers’ comp attorney will help you hold the party liable for your suffering accountable. Damages awarded often include medical bill reimbursements and compensation for loss of income.
You’ll need to prove that your pain and suffering were a direct result of the employer’s negligence. Common injuries that warrant a workers’ comp claim span falling from a height, repetitive movement strain and machine malfunctions. If your injury was a result of drug or alcohol use on the clock, fighting or are psychiatric in nature, you often aren’t eligible for worker’s comp.
Reach out to a lawyer with Lawyer.com or Rocket Lawyer if an on-the-job injury lands you in the ER or renders you incapable of functioning as you were. Each source can help you find a lawyer to determine if your case qualifies for worker’s comp.
The 1st step in any workers’ comp case is to report your injury to your employer. Most states require employers to carry worker’s comp insurance. Depending on your state, you may have to register your claim with the state to receive benefits. A lawyer will help you navigate the legal details of your state’s workers’ comp policies.
Once your claim is established, the insurance company or relevant agency will renew your claim. Most states have guidelines regarding how long the agency has to approve or reject your claim.
If your claim is rejected, you may appeal the decision with the state. A lawyer is especially necessary here — they can help you turn a losing case into a winning 1. If your lawyer knows their stuff, they should be able to get your employer to settle out of court. Many employers choose this route as it saves them money, resources and from potentially negative press in the long run.
The length of your case depends on your unique circumstances, but most are resolved within a year, if not sooner if the claim is initially approved.
Accidents and Injuries
When a car accident or other types of injury prevents you from returning to work, you may be eligible for SSI or SSDI. These are not listed under the standard medical disabilities that qualify for aid, but can be considered “medically equal” depending on the extent of the impairment.
Common impairments include leg or arm fractures, back disorders, soft tissue injuries and anxiety disorders. While this may seem fairly straightforward, it’s not. There are certain standards that you must meet within each of these categories. For example, you may have to prove that the impairment in question has significantly affected you for at least 12 months.
Get in touch with an experienced disability lawyer via Rocket Lawyer or Lawyer.com to help you prove that you are medically unable to do work due to an accident.
Do You Need to be Present?
Generally, it’s best to attend court when possible unless otherwise instructed to by your lawyer. With some disability cases, your lawyer can represent you, especially if your disability prevents you from reasonably being able to attend.
Disability cases are often resolved before they go to court, so there are some hearings or pre-trial meetings that your lawyer will be able to represent you in.
Connect with A Disability Lawyer Today
If you need to file for disability or worker’s comp, a disability lawyer can help you reach your desired outcome. Connect with a lawyer who specializes in your type of case by with a free consultation with Rocket Lawyer or Lawyer.com.
Frequently Asked Questions
Q: How long does it take to get approved for disability if you have a lawyer?
A: Most disability approvals take between 3 and 5 months. A lawyer may speed up this process. The Social Security office is able to process well-organized cases with sufficient documentation and easily accessible medical records.
Q: What conditions automatically qualify you for disability?
A: Conditions on the Compassionate Allowance list qualify you for disability. There are around 200 on this list, but some included illnesses include certain cancers and early-onset Alzheimer’s. Disability cases surrounding conditions on this list are usually given precedent and processed more quickly, usually within a month.
There are also 5 types of transplants that automatically qualify for disability approval: kidney transplant, liver transplant, cochlear transplant, lung transplant and heart transplant.
Q: Do you have to go to court for disability?
A: If you aren’t denied in the 1st stages after applying, you will likely need to attend a formal disability hearing with an administrative law judge. There may be exceptions made if your disability prevents you from attending. In this instance, a representative can speak on your behalf.