What To Expect From A Disability Lawyer

by | Jan 7, 2016 | Law

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Social Security is a program administered by the federal government; providing retirees as well as those who suffer a physical or mental disability with certain benefits. Disability lawyers in Tennessee focus on providing assistance to those who are applying for disability benefits or has been denied and is appealing their claim. About seventy-five percent of all first time application for disability benefits is denied; this leads directly to the somewhat complex appeals process.

Without sufficient supporting documentation detailing the reasons why the applicant cannot work, a claim for disability benefits will not be approved by the Social Security Administration. When the application is received by the SSA it is given to an inspector, the inspector subjects the application to an exhaustive review to see if the claim is valid and benefits granted. Eligibility is determined not only on the supporting medical information but the past work records as well. The objective is to determine if the applicant is able to perform the employment duties they once were able to. Disability lawyers in Tennessee are extremely knowledgeable of all the laws, rules and regulations and know from experience what the administrative inspector is looking for in the way of substantiating date. The lawyer can guide and assist the applicant on the best way to present their disability and be grated benefits.

Disability lawyers in Tennessee are well aware of the application process. However, in the majority of cases they are not invited to assist until the application has been denied and the applicant still feels that he or she has a valid claim. It is at this point in the process when the lawyers will file a motion for review, trying to get the original decision to deny overturned. If this fails, the lawyer and the client will be granted the opportunity to present their case and position in the presence of an administrative law judge. During this time the judge will be presented with sufficient proof to substantiate all the facts, further proving that the applicant is truly disabled and not capable of earning a living. During this hearing the legal team may bring expert witnesses along to support the testimony. These experts can explain the full extent of the disability and its effects. Occupational experts can attest to the physical or mental limitations of the applicant and how the disability impairs their ability to work. The expert can also attest that the applicant cannot perform other types of work due to a lack of education, knowledge or skills.

Disability lawyers in Tennessee can help you through the complexities of applying for Social Security disability benefits. You are invited to discuss your case with the Law offices of Miller & Drozdowski, PC. Click here for more details.