In the United States there is a program that provides monthly cash benefits to retirees and those that suffer from an incapacitating physical or mental disability; the program is Social Security. Disability lawyers are those that have specialized knowledge in all aspects of Social Security law, rules and regulations as apply to the application and appeals process. Although a disability lawyer will work with applicants the greatest majority of the time the lawyer is dealing with clients who have been denied benefits.
For one to receive Social Security disability benefits the individual must prove that he or she has a disability which is so severe that any kind of substantial work is impossibility. To decide on the validity of these claims the Social Security Administration has a very detailed process that is followed. The administration reviews the past tasks of the applicant along with all supporting medical records; with this information they decide if the applicant can still perform their work duties. Disability lawyers are intimate with the laws and know what documentation the administration is looking for in the way of proof, the lawyers can advise their clients the best way to approach the application and appeal to prove beyond question that they are disabled and are deserving of disability benefits.
Disability lawyers know the entire process and are often called upon to assist people with the initial application process but they do tend to work more with those that have applied independently and had their application denied. For those that feel they meet all the Social Security criteria but have still been denied the lawyer can ask for a reconsideration on behalf of the client or file a motion for review of the application by an administrative law judge. When the appeal results in a review hearing the lawyer actively argues the client’s case, the lawyer does so by supporting the application with tangible proof of the physical or mental disability. It may be necessary for the lawyer to arrange for an expert occupational witness for example that can testify that the applicant does not have what is needed to meet the requirements of the job. A medical expert witness can be called upon to attest to the client’s condition and how it prevents him or her from doing the job.
In most cases the application is approved at this stage but if not, disability lawyers can elevate the case and appeal to the Social Security appeals council. This council is tasked with reviewing not only the claim but the findings of the administrative judge.
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