What To Expect From A Disability Lawyer

by | Jul 7, 2015 | Law

In the United States the federal government administers a social program that helps those who are disabled as well as those that have reached retirement age by providing monthly cash benefits. An Aurora disability lawyer is a legal professional that is intimate with all the rules, regulations and laws that govern making a claim for benefits. This lawyer will often be brought in by people who are about to make application for disability benefits but more often spends the majority of his or her time with clients who applied independently but were denied benefits.

To receive disability benefits the applicant must prove beyond doubt that he or she is truly physically or mentally disabled and the disability must be of such magnitude that it precludes the applicant from performing any type of substantial work. When an application has been made, Social Security subjects it to a very detailed process in order to arrive at a decision to either approve it or reject it. The application must include a great deal of information including the applicants past work records and of course, medical records. An Aurora disability lawyer knows what documents the administration is expecting to see and can advise a client on the best way to prove that they are truly disabled and warrant a monthly cash benefit.

With the depth of knowledge that a disability lawyer has they are perfectly positioned to help those who are making their initial application, however, as many people make the application independently, the lawyers tend to deal more with the vast majority of applicants who are denied benefits. It may be hard to fathom but approximately three quarters of the applications for disability benefits are denied. Having the application denied is the beginning of the appeals process; this process normally entails requesting that the administration review their decision. During the hearing, which is held in the presence of an administrative law judge the applicant and his or her lawyer can argue the case, providing additional proof as may be necessary to support the claim. During the hearing the applicant may introduce experts who can testify to the extent of the physical or mental disability or testify that the applicant’s condition is such that performing even the most basic tasks is beyond their capability.

Many initial decisions to deny benefits are overturned during this hearing, however, if the judge agrees with the original decision and continues to deny the claim the Aurora disability attorney can file an appeal with the appeals council.

If you have applied for Social Security disability benefits and the application was denied you should consider hiring an Aurora disability lawyer to deal with the complexities of the appeal. You are invited to discuss your case with the Law offices of Rabin, Kodner & Brown. For more information, visit the site rabinsslaw.com.

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