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Monthly Disability Claims: Should I Use an Attorney?

disability claim can be challenging to manage without experience. Contending with medical treatment and medical expenses arising from a disability is stressful. Working with an attorney or legal team can lessen the burden of the claim process and increase your chances of success.

An attorney can help you build a case. They can also help you avoid financial hardship from lost benefits. They also know the common legal pitfalls when making a disability claim. The guidance of an attorney can be helpful when:

  • You're initially filing a disability benefit claim
  • Your claim gets denied
  • Your benefits are wrongly administered
  • Your benefits get suspended or terminated against your will

This article answers frequently asked questions (FAQs) about disability benefits. This includes how an attorney can be helpful when filing a claim for monthly disability benefits and if your claim gets denied. It also addresses what to do if your claim is wrongly administered or your benefits get terminated.

  • How do I file an initial claim for monthly benefits?

How Do I File a Claim for Disability Benefits?

Suppose you're filing an application for disability benefits. In that case, an attorney can help you assemble the most robust case to ensure you get benefits. Perhaps you're filing a claim through your employer-provided or private disability insurance company after a car accident. Or maybe you're claiming Social Security disability insurance (SSDI) benefits. An attorney can help you:

  • Develop your medical evidence
  • Manage deadlines
  • Understand the requirements you'll have to meet before receiving benefits

You might also consider speaking to a car accident attorney to recover damages.

Social Security Disability Insurance

Social Security Disability Insurance (SSDI) protects workers who have contributed enough to Social Security and have suffered a disability. The Social Security Administration (SSA) guarantees a claimant's right to representation.

A Social Security disability attorney can help you put together a strong case for your Social Security disability claim. A Social Security disability lawyer can help by:

  • Ensuring you have the exams needed to prove impairment
  • Scheduling a consultative exam with SSA doctors if needed
  • Gathering doctors' statements to support your claim

Private or Employer-Provided Disability Insurance

Perhaps you have disability insurance you purchased privately or that your employer provides. In either case, consulting an attorney can be helpful when you're initially filing a claim for benefits. An attorney will build and supplement your medical records. And an attorney will help you navigate your insurance plan.

For example, your lawyer can help you determine:

  • Whether you need to wait for a set length of time before payments begin
  • What extent of disability you must show
  • Whether you're permitted to do limited work while getting benefits

The Employee Retirement Income Security Act of 1974 (ERISA) governs employer-provided disability insurance policies. ERISA is a federal law establishing strict requirements for insurers and beneficiaries. ERISA creates strict deadlines for responding to claims and filing appeals. An attorney can help you navigate these deadlines, ensuring you don't waive your right to benefits by missing an important date.

What if My Claim Gets Denied?

If you apply for disability benefits and your claim gets denied, an attorney can help you prove you're entitled to benefits by filing an appeal. SSDI and employer-provided disability insurance plans allow you to appeal a denial.

An attorney can guide you through the appeals process. An attorney can help you by:

  • Reviewing any notices explaining why your claim got rejected
  • Supplementing your medical records with information about your medical condition
  • Gathering non-medical evidence of disability
  • Ensuring your appeal gets heard by an objective decision-maker

What if My Claim Is Being Wrongly Administered?

Perhaps you're getting disability benefits, but you think you're getting lower disability payments than you're entitled to. In that case, an attorney can examine your plan with you and help identify ways you might be eligible for a higher dollar amount.

For example, if your private disability insurance plan calculates your benefits as a percentage of your salary. Any misreporting of your salary means you getting fewer benefits than you deserve. A disability attorney can help you find discrepancies.

What if My Benefits Get Terminated or Suspended?

If your disability benefits get terminated or suspended against your wishes, you can challenge the decision. Consulting with an attorney can help you prevent the wrongful loss of your benefits.

Have a Lawyer Review Your Disability Claim

Perhaps you're filing a disability claim after a motorcycle accident or truck accident. Or you may be having problems with your current benefits and are unable to cover your medical bills due to a brain injury. In either case, an experienced attorney can help you navigate your disability case and offer legal advice. Many attorneys offer free case evaluations or case reviews. You may also consider a personal injury lawyer for your motor vehicle accident or personal injury case.

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