A lot of workers experience sudden illnesses or injuries which lead to Disability. How can one claim their Disability? Here is how to claim disability benefits and the time involved in it.
If you’re suffering from a medical condition or disabling injury which prevents you from working, you’re eligible to file for Social Security Disability (SSD) or Supplemental Security Income(SSI) benefits. Today almost 25% of workers in companies suffer from disabilities in their mid-20s. Disability benefits offer a safety net for workers so that they have financial stability in their life. But it’s a question of how long does it take to get the Disability with a lawyer.
Programs for Disabled Persons
Social Security and Supplemental Security Income disability are the primary federal programs for disabled persons. The Social Security Administration manages these programs. An individual should meet certain criteria to get benefits under the program.
If you are “insured,” which means that you have worked long enough and paid Social Security taxes, Social Security Disability Insurance distributes benefits to specific family members.
Is a Lawyer Required to Claim Disability Benefits?
The process of claiming the benefits is challenging for the person. Most of the cases are denied first by the authority. So it would be helpful to hire a professional lawyer to deal with it.
A lawyer can submit your SSDI or SSI application on your behalf and gather evidence, such as medical records. They can assist you in meetings or discussions with Social Security representatives and check your application for errors or omissions that might harm your chances of success. The Social Security Administration (SSA) will collaborate with your representative and grant access to data from your Social Security file.
A lawyer can be essential if you wish to appeal Social Security’s decision on your claim. The second step of the appeals process involves a hearing before a judge. Your attorney can prepare you and any witnesses on your side to testify and cross-examine Social Security’s expert witnesses. According to a 2017 federal Government Accountability Office report, those with legal representation at disability hearings have a nearly higher chance of winning.
How to Find a Lawyer to File Disability?
In the United States, hundreds of lawyers and professional attorneys know about Social Security disability. Some lawyers have previously held positions with the SSA as claim representatives or disability examiners.
A list of nonprofit organizations, legal referral services, bar associations, legal aid societies, or social security offices that can either represent you or help you find an attorney. Additionally, you can look out for local lawyers who focus on disability claims in online legal directories and through the referral service offered by the National Organization of Social Security Claimants’ Representatives.
Types of Disability Policies
There are two types of disability policies for workers. They are
- Short-term policy
- Long-term Policy
The short-term policy covers temporary Disability. The policy benefits are up to two years maximum. These benefits can enjoy by the person until the person fully recovers. Short-term policy deals with minor injuries to the person.
The long-term policy covers permanent Disability. The policy benefits are for a few years or till the end of the person. To enjoy long-term benefits, he/she shall meet the criteria of the long-term definition. A long-term policy has different conditions for an employee.
Process of Long-Term Disability Claim
If your long-term disability claim is rejected or terminated, according to the Employer Retirement Income Security Act (ERISA), you have 180 days to file an appeal. You should seek the insurer to provide a copy of your complete long-term disability claim. And hire a lawyer to represent or defend your appeal.
You have the choice to file a case in Federal court after the internal appeals process has been completed. However, no further documents are required to submit, and the Judge’s only responsibility is to examine the claims file. There aren’t any hearings, depositions, or even trials. It means that neither you nor the doctor treating you will be able to testify.
How Long Does It Take to Get Disability With a Lawyer?
The Social Security Administration (SSA) usually requires three to five months to send you a letter confirming your Disability after submitting your application. If your claim is approved, you must wait another month to get your first payment.
If your claim is rejected, you must make a strong case to file for that hire an expert or skilled disability lawyer. You need to provide all the documents and evidence to the court. Once you submit your appeal, you need to wait for a hearing; it may take around six to eight months for a hearing. So it depends upon the court for the final hearing; it may sometimes take months or years to get benefits along with a lawyer.
So, how long does it take to get disability with a lawyer depends on many factors. If you have a medical condition or injuries that stop you from earning income, you can claim disability benefits. The benefits of SSD are to help those who cannot to work due to Disability. The policies are of two types which deal with temporary and permanent. However, major disability claims get rejected in the first place.
You can file an appeal with the help of a lawyer. SSD claims are complicated. If a skilled lawyer represents you and makes sure all the required documents and evidence are submitted.
How long does it take to get Disability with a lawyer?
It takes a few months or years, even if a lawyer presents your claim.
Who provides disability benefits?
Social Security Disability Insurance and Supplemental Security Income provide disability benefits.
What is a short-term disability?
It is a temporary policy with benefits of a few months or a maximum of two years.
What is a long-term disability?
It is a permanent policy with benefits of years or till the Disability ends.
What are the advantages of disability benefits?
A disabled person gets financial support from the benefits.