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A Disability Lawyer: Should You Get One? How Do They Function?
When faced with a disability that prevents a person from working, knowing what steps to take next can be difficult. Fortunately, there are benefits available to help those who are in this situation. Unfortunately, the approval process can be complicated and frustrating. For many people, hiring a disability lawyer may be an option.
What are Disability Benefits?
When a person is injured, becomes ill, or faces other disabling conditions, they may not be able to maintain employment, leaving them unable to support themselves and their families. Benefits, such as OPERS disability benefits and Social Security Disability Insurance, provide financial support to help in these situations.
Many of these programs are specific to the type of employment the disabled person had before becoming disabled. Social Security disability, however, is available for all workers that paid into the program. Each of these programs has different requirements for approval. For example, some individuals that do not qualify for Social Security disability may still qualify for OPERS disability.
Social Security requires that an individual is permanently disabled. Permanently disabled is defined as being unable to sustain gainful employment due to a disability that is expected to last at least 12 months or results in death.
OPERS disability is the Ohio Public Employees Retirement System’s disability program. If public employees of Ohio become disabled, they may qualify for these benefits. Unlike Social Security disability, the disabled person may be only temporarily disabled and plans to work again. Both of these, however, require medical evidence to prove the disability.
Is an Attorney Necessary to Receive Benefits?
Individuals do not need to hire an attorney when applying for any type of benefit. However, the application process requires a lot of information and often utilizes complicated and confusing application forms. Errors and missing information could result in denial. Many benefits, such as Social Security disability, have a rather high denial rate for first-time applicants.
Although these programs offer appeals processes to amend incorrect or incomplete applications, they could extend the wait for benefits for months or even years. For this reason, many people opt to hire an attorney. Those who use the services of an attorney are less likely to be denied due to minor issues.
What Does a Disability Attorney Do?
A disability attorney can assist with every aspect of the process. The attorney will help fill out any forms needed for the initial application. They will ensure the forms are completed fully and without errors. The attorney will even help the disabled individual gather all the information needed to provide a complete assessment of their disability.
A disability attorney can even assist with locating and collecting any medical records that may be needed to prove the disability. The attorney may be able to recommend specific doctors or medical tests that could more fully show the disability to the agency.
If the application is denied, an attorney can assist with the appeals process. They will review the reason for the appeal and work with the individual to correct the issue or find the additional information needed. Although the process may be lengthy, an attorney will stay with the individual until benefits are received even if a court hearing is required.
When a disability occurs, it is important for individuals to get the benefits they rightfully deserve. An attorney can assist in getting those benefits and help prevent many of the delays faced during the application process.
Kenneth is a proud native of sydney, born and raised there. However, he pursued his education abroad and studied in Australia. Kenneth has worked as a journalist for almost a decade, making valuable contributions to prominent publications such as Yahoo News and The Verge. Currently, he serves as a journalist for The Hear Up, where he focuses on covering climate and science news. You can reach Kenneth at bloggerjohnsmith12@gmail.com.