Author: Molly Pearce
Published: Jun 6 2013
Winning a Social Security disability case is normally a long, drawn-out process, but that is not always the case. Individuals who have been seriously injured in an accident can qualify for benefits immediately as a result. However, the norm is for the Social Security Administration to deny almost all claims immediately because of the permanent nature of benefits. It is difficult to justify stopping benefits if the injury meets the standard of lasting for over one year or eventually resulting in death. There are a few things a disabled applicant can do to defend against the denials.
Any attorney will tell you, from a West Palm Beach personal injury lawyer to New York Social Security Disability attorney, that a claimant who wins their claim immediately is lucky. Denials are routine, but there are also rules that can qualify an applicant immediately with obvious disabilities. This is also true for receiving Supplemental Security Income, but this benefit is not the same as regular Social Security Disability. SSI recipients can be evaluated every year and payments stopped at any time for various reasons. SSD applications are often postponed in hopes the applicant will become frustrated and give up. Always appeal your case and be patient but diligent in monitoring it's status. This can be important because there is a limited number of times someone can request benefits and a new application may be necessary if no appeal is filed.
Claims are always denied or allowed based on specific rules and qualifications. Becoming familiar with the rules regarding any particular illness or injury can help the claimant and attorney know what medical evidence is necessary to win the case. The Social Security Administration has a comprehensive website that provides the rules and thresholds used to determine disability and eligibility. There are also many technicalities that can be applied by the agency, so these are also a good source of information when looking for issues to avoid. The administration will use them if possible.
Doctors deal with disabled patients daily and understand how frustrating the claims process can be for all patients. Cases are normally won on specific medical documentation and the case testimony by all doctors involved. This also includes following any appointment made by the administration as they develop their own medical assessment. Be prepared to visit all primary and specialist physicians that the Social Security Administration requests, and do not be surprised when the second opinion doctor issues a different diagnosis and prognosis. That is his employment function. Always let the professionals settle that discrepancy.
There is always a possibility of duty of care or negligence claims in any serious accident. Any benefits due from the government for the disability is in addition to any other civil tort claim for personal injury or negligence. Additionally, there could be multiple respondents if the accident occurs at work or under a similar situation. Responsible parties with significant assets can also be sued in many cases when insurance is inadequate to cover all damages.
Serious accident cases can be very complicated and the injured party may not be aware of all claim possibilities. When the disability case includes possible punitive damages, it is crucial to have an experienced personal injury attorney who has calculated those potential damage claims before. Maximizing a serious injury claim is the best service that lawyers supply for their clients, as they are always interested in significant cases they are confident they can win.
As a former Registered Health Information Technician, author Molly Pearce knows the value that attention to detail and documentation can have for an injured individual looking to claim Social Security Disability Benefits. Offering valuable representation, West Palm Beach personal injury lawyer, Gary T. Iscoe, is experienced in filing Social Security Disability claims, processing the intricate paperwork involved, and handling appeals. As an advocate S.S.D. lawyer, any initial consultation is free and no fee is charged unless benefits are gained from your claim.
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