Disability

What Happens When Your Disability Claim is Denied?

Posted by on Nov 16, 2017 in Disability | 0 comments

It’s a nightmare scenario that too many workers actually have to face. They’ve been injured at work, they need time off to recover and they need someone to cover the medical bills. They think they’re covered by workers’ compensation only to find out…they’ve been rejected.

It’s a desperate situation to be in when someone is already injured and has to deal with the stress and fears that come from uncertainty over their finances.

What are they supposed to do?

First things first, it’s probably time to call a lawyer. If it’s possible to afford one, a lawyer is the best bet to get out of this situation. Think of the money that will be gained from getting your claim approved. It’s far more than the cost of a lawyer.

Whether you go with a lawyer or not, don’t panic if you are rejected. There are still a few things you can do to end up getting compensated the way you deserve to be.

I found some excellent tips on the Robert Wilson & Associates site, and I recommend even after those tips are pointed out here, that you do some research on legal sites, again, whether you decide to use a lawyer or not.

So, the lawyers of Robert Wilson say that the three things you need to do after you receive a rejection are:

Evaluate your claim and determine why it was denied

This is the toughest step, especially if you try to do it without a lawyer. What you can do is go over the whole application from top to bottom and see where there could be any errors. Without more guidance, it’s a matter of reworking the whole application to make sure everything is as thorough as possible and there are no inconsistencies. Again, this is much more easily done with a lawyer.

Collect missing or incomplete information

Once mistakes or missing information has been found, your job is to fix those issues. Whether it’s the need to provide more evidence from a doctor or more evidence from those who witnessed the accident, be sure to put everything down. The more thorough you are, the better chance you have of getting accepted the second time around. It’s better to provide too much evidence than not enough. And remember, everything must be completely consistent.

Appeal

Submit your new application for appeal.

Hopefully, with a more thorough and careful effort on the appeal, you will get approved. I would like to stress, though, that getting a lawyer will significantly raise your odds, and since you are already in the appeal process, it’s really best to avoid taking risks.

Look around your area for lawyers and find out who is most affordable while still being considered reliable. The amount you’d pay would be a small fraction of what would come in lost wages and covered medical expenses.

Regardless, I wish you luck if you end up in this position. No one should have to suffer and stress over these issues if they were injured at work. I hope everyone reading this gets covered.

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Your Disabled Child May be Qualified to Receive Supplemental Security Income Benefits from Social Security

Posted by on Oct 13, 2016 in Disability | 0 comments

The Supplemental Security Income (SSI), is one of the two Social Security Administration (SSA) programs designed to provide cash benefits certain U.S. citizens (the other is the Social Security Disability Insurance (SSDI) which pays cash benefits to totally disabled Social Security members who are below 65 years old. SSI, in particular, is designed to pay cash benefits to:

  • Disabled adults who have limited income and resources;
  • People 65 years old or older who are without disabilities, but who meet the financial limits set under the federal benefit rate (FBR); and,
  • Disabled children who are below 18 years old and who have limited income and resources;

The Supplemental Security Income hopes to improve the quality of life of its recipients by helping provide for their basic needs, which include food, clothing, and shelter. Unlike SSDI, which requires that disabled applicants have worked long or recently enough in SS covered jobs and have earned the required number of credits through payment of the monthly Social Security taxes taxes in order to qualify, the SSI neither requires employment nor any earned credits. This is how it was made possible to include disabled children in its list of possible beneficiaries (so long as these children have limited income and resources).

For a child to be eligible to receive SSI benefits, his/her disability should fall within SSA’s definition of disability. It is also necessary that his/her parents or guardians know what limited income and resources means.

Disability, as defined by the SSA for SSI purposes, refers to any physical or mental impairment and/or emotional or learning problem which:

  • Can result in severe functional limitations;
  • Has lasted or can be expected to last for at least a year; and,
  • Can result in death.

With regard to income and resources, this refers to the income and resources of the family members with whom the child lives. For 2016, the income limit set under the federal benefit rate (FBR) is $1,130 per month (this amount may change every year). Eligibility also requires that a child must not be employed in any kind of work.

When applying for SSI benefits for children, the SSA usually requires information regarding the child’s medical condition and how this condition affects his/her ability in the performance of daily activities. The child’s teachers, doctors, therapists and other professionals, who may possess knowledge about the child’s condition, will also be asked for information (with the parents’/guardian’s permission). All information gathered, including medical and school records, will be sent to the Disability Determination Services office of the state where the child resides. Doctors and nurses in said state agency will review all available information and determine whether the child is eligible to receive the cash benefits. Evaluation of records usually takes three to five months, however, if the child has emergency needs, then SSI benefits may be paid right away (even while the agency’s decision on the child’s qualification is still pending).

Examples of medical conditions that may qualify a child to receiving benefits include: total blindness, total deafness, cerebral palsy, HIV infection, muscular dystrophy, down syndrome, severe intellectual disability (for children 7 years old or older) and a birth weight that is below 2 pounds and 10 ounces.

The complexity and the long process associated with filing SSI benefits for children often results to an application getting denied or the decision getting delayed. With the help of a highly-qualified Social Security lawyers, however, such as an Indiana social security attorney, for instance, preparation of necessary records, especially medical records, and mistakes in the application process may easily be avoided; in case the application is denied, then an appeal can easily be made.

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Disabling Injuries and Options for Financial Assistance

Posted by on Aug 26, 2015 in Disability, Workplace Accidents | 0 comments

The physical trauma that comes after a serious accident can leave many devastating consequences. Oftentimes, these consequences can significantly affect how a person’s lifestyle. This is particularly applicable for individuals who walk away from accidents that result in disabling injuries. Injuries like brain trauma and spinal damage that typically causes disability can do more than just leave a person in pain. In some cases, these injuries can also limit income opportunities and result in financial difficulty.

Fortunately, people that have been injured in an accident and were left disabled by their condition can pursue financial assistance through different options. In particular, the federal government provides help for those suffering from disabling injuries through Social Security disability benefits. Through two distinct programs, every American can have a safety net to fall back on in case an accident leaves them vulnerable to a disability caused by a serious medical condition.

The first option for financial assistance in instances of disabling injuries is called Social Security Disability Insurance or SSDI. It is meant for individuals that are insured members of the Social Security system mandated by United States law. It is particularly meant to assist members who are not more than 65 years of age and are suffering from a disability. The people who can qualify for SSDI are those who have been employed long enough in order to meet Social Security payments and contributions.

For those who do not fall under these criteria, the Supplemental Security Income or SSI might be a better option. The SSI is provided by the U.S. Treasury for people with disabilities who are 65 years old or younger, and are falling short of the employment criteria required of the insurance benefits program. An important criterion to qualify for SSI is that a claimant’s current income is within the federal benefit rate.

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