How Disability Lawyers Help

by | Feb 25, 2016 | Law

In the United States the federal government is responsible for Social Security. Social Security, which dates back to the time of President Roosevelt, is a program that provides benefits to eligible individuals who have either reached the age of retirement or are unable to work due to a debilitating physical or mental disability. Although there are rarely any contentious issues when it comes to retirement benefits, the same cannot be said when the issue is disability. Chicago disability lawyers are legal professionals that are intimate with the rules, regulations and laws that affect the claims process. Although disability lawyers can assist clients who are making a claim, they are more often called upon to assist and guide applicants that have been denied benefits.

Receiving disability benefits is by no means a given, the applicant must prove that he or she is disabled to the point where performing substantial, gainful work is not possible. Once the application has been received by the Social Security Administration it is subjected to an in-depth review and analysis which includes the work and medical history to determine if, in the eyes of the Administration, the applicant can still work.

The majority of applicants for disability benefits make the initial application unaided by a lawyer. Unfortunately, about three quarters of initial applications are denied. Denial of benefits is not the end of the line; the applicant is given multiple opportunities to have the application reviewed. It is at this stage of the process when Chicago disability lawyers are usually engaged. The lawyer will first request that the Administration revisit the application with a view to approving it, should the application be denied once again the lawyer will file a motion to have the case reviewed by an Administrative Law Judge. Although it may take some months to actually sit in the presence of the judge, once there the lawyer will present substantiating evidence to prove the clients claim. At this time the lawyer can present occupational and medical experts that can offer their testimony, supporting the contention that the applicant is not capable of performing any meaningful work.

In the majority of cases the application is approved at the hearing stage, however, there are times when the ALJ also turns down the appeal. Should this happen, the Chicago disability lawyers can appeal to the Appeals Council. It is the task of the Council to review the claim as well as the findings of the ALJ.

If you can no longer earn a living due to an injury or illness you may qualify for Social Security disability benefits. To discuss your particular situation you are invited to contact The Law Offices of Rabin, Kodner & Brown.

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