Sorting Through Disability Claims
It is certainly not a situation that anyone hopes to be in, but if you are injured and are unable to work you can apply for social security. The program is in place to provide financial stability to those who can no longer work and sometimes their dependants. According to
Social Security Online, to qualify, a person must have a physical or mental health issue(s) extensive enough that it prevents him from working for a period of one year, or be at risk of imminent death if he works. A person may no longer be able to perform the duties of her old job, but as long as she can work some type of available job, she may not qualify for social security. The regulations for qualification on social security claims, are far-reaching and take into consideration a person's medical condition, age, qualifications, training and work background.
Many pe

ople falsely assume that if their doctors used the word disabled in reference to their condition then they will automatically be approved for disability benefits. In truth, every person must go through the application and review process to find out whether or not benefits will be granted. It is good to keep in mind that the decision time can be lengthy, so it is best to ensure that applications are completed in a timely and thorough manner. Social Security Online also mentions that decisions usually take between three and five months, depending upon the length of time it takes the reviewers to obtain and evaluate medical records and other data. To avoid delays and a possible denial of claim it can be extremely advantageous to consult with a qualified attorney during the application process.
In the event that an application is turned down, there is still an option available. As explained in the government information section on
About.com, it is a citizen's legal right to appeal the decision of the Social Security Administration if he chooses to do so. To do so a written request must be submitted within 60 days of the receipt of the notification letter (the assumption is that notification will be received within five days of it being sent out, so if it has been received later than that, proof must be provided to have the time extended). There are three possible levels that an appeal may be assessed on including, a hearing in front of an administrative law judge, a review by the Appeals Council or a federal court review. Once the Social Security Administration receives the request for appeal they will send out notification advising of what level the appeal will be assessed on. Again, at this stage it is a good idea to seek experienced legal counsel to help sort through the complexities of the process.
If you are involved in or considering applying for social security benefits it is extremely beneficial to speak with an attorney who is experienced with the application and appeal process. Our disability lawyers are highly practised in these procedures and can help ensure a positive outcome. Complete our
form or call us today at
1-877-405-4313.
RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT
1-877-405-4313
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