A social security disability attorney or simply, disability attorney is essential if you are a disabled person. Hence, understanding his role is crucial. A disability lawyer concentrates on the disability law, which means that he is committed to uphold your rights as a disabled person.
What is a disability attorney?
A disability attorney is a professional who is trained in disability law, including the legal rights that disabled people have. Some disability lawyers are focused on the fight against disabled person discrimination. These include fighting for the rights of disabled persons who were denied things such as education, services and employment by reason of their disability. In addition, they can help in giving equal education opportunities for the disabled. Other disability attorneys are focused on subjects that are related to disability compensation.
A disabled person for instance, can be entitled to monetary remuneration since he cannot work because of a disability. The compensation can come either from a government agency or from a private fund. With a disability attorney, a disabled will be able to determine if he is eligible for disability compensation or not, in accordance with the existing laws of his country. If it is needed, the social security attorney can also aid a disabled person in utilizing legal methods to achieve compensation.
The role of disability lawyers
There is a form of disability compensation called disability insurance benefits. There are countries where employees give into a disability insurance benefit fund. If a worker is disabled and becomes incapable of working, the benefit fund can give him a regular amount of money every year. However, before a disabled can benefit from a disability insurance, he or she must make an application and prove that the entitlement to the benefit. A disability lawyer can assist in the process of application and verification.
There are instances where a person can find it difficult to prove that he is indeed disabled. This will allow his disability benefits to be denied. In many jurisdictions, an appeal process is allowed for those who were denied. A social security attorney can play a leading role in the process and aid clients in proving their disability in court. Thus, they can be given access to disability benefits.
A disability attorney is even useful for temporary disability cases. In such a case, a person may judge himself entitled to temporary benefits, because of a particular disability that prevents him from working for a specific duration. However, his employer can contest this and maintain that he is not completely disabled, and can still perform some functions. In such a case, a disability lawyer can fight for his client and attempt to allow him to qualify for social security.
There are disability lawyers that focus on working with private individuals but there are those that choose to work with businesses and the government instead. A social security disability attorney can work with a federal agency and help in setting up and reviewing policies that will establish disability eligibility. In a legal proceeding, the disability attorney can argue for the state in denied claim cases.
A disability attorney may also represent a business in court. If someone files a lawsuit against the business for a denying a company sponsored disability insurance to an employee for example, the disability lawyer can aid in setting up and reviewing the policies of the company and ensure that it stays within the limits of the law.
The advantages of having disability lawyers
While making social security disability claims, some people might wonder if having the services of a disability lawyer is in fact needed. If you are thinking the same thing, bear in mind that when you apply for disability benefits, you are in effect declaring war on the government and the social security system.
Having a disability attorney is like having a general that will lead the way to your victory. The advocacy of a disability lawyer could be the factor that will spell the difference between a successful social security disability claim and a denial. Should you decide to retain the services of a lawyer, make sure that he is really an expert in social security disability and SSI.
In addition, you should also consider other factors that include the following:
- When getting the services of a disability attorney or advocate who worked as a disability examiner or employee of the Social Security Administration previously, ensure that he can work according to a contingent system. This would ensure that he could provide legal representation for you on SSD and SSI application without expecting any payment until the case has been won.
- In case you qualify for social security eventually and are granted with long term disability insurance benefits by the SSA or Social Security Administration, the benefits that you will be getting regularly each month should not have any involvement with attorney’s fees. In case of a court victory, your disability attorney or representative will get a payment that is equal to a fourth of the back payments you will get upon the approval of your claim. However, even with such a share, the maximum amount that the attorney will receive should not exceed 5,300 dollars.
In a normal setting, the services of a disability attorney would be of great help if you were already in the process of preparing for the petition investigation on your disability insurance claims before the court judge.