The Process of Claiming Disability
The process of claiming disability can be long and tedious, therefore requiring the applicant to display a considerable amount of patience to reach the point of receiving benefits. On average, this will entail a period of several months, while in some cases even taking longer than that. So what can you do to ease such frustration? By arming yourself with knowledge of how the process actually works, you can be better prepared for what lies ahead.
Unless you’ve been stricken with a disability such as blindness, more than likely you will be among the 60% or so of applicants who are denied during the first stage of applying. This is due to the fact that those whose job it is to determine your eligibility will be approaching your case with the preconceived agenda of saving the state money. Of course this would never be admitted, but such is proven evident upon proper research.
With your disability denial comes the right to appeal. Depending on who you talk to, your chances either increase the second time around, or decrease significantly.
The third and final chance you have in the process of claiming disability will be a hearing with an Administrative Law Judge. This is your last chance to plead your case. But as in most cases involving the law, you’d be better off with representation. So let’s look at your options for such…
Legally, you can acquire the services of an attorney or advocacy group at any stage of applying for disability. With that said, keep in mind that some do not accept first-time applicants. But it really depends on your disability. The law covers a wide variety of conditions that may be eligible for benefits, but like their counterparts, a lawyer or advocate will look over your individual case to determine the potential for winning. The advantage is, you’re much more likely to get a fair assessment. If representation is offered to you, expect an average fee of 25% of your lump sum if they prove successful. Do not accept counsel if they charge a fee despite the outcome of the judgement. They should only be paid if you are paid.
Although the process of claiming disability benefits can be exasperating, keep in mind that as an American it is your right to receive help when an illness hinders your ability to provide for yourself. Be patient. It does get better!
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