Don't Stop at a Denial:
Get the Disability Benefits You Deserve
If you are struggling to work or keep a full-time job because of a long-term physical or mental health condition, you should apply for disability benefits. Be aware your claim will likely be initially denied but that is usually not the final answer. Here is what you need to know and do to protect your rights to disability benefits:
Know whether you have a disability or are disabled. Under Social Security Administration rules, you have a “disability” if you: 1) cannot do work that you could do before; 2) cannot adjust to other work because of your medical condition; and 3) your condition has lasted, or is expected to last, for one year or is expected to cause death. This may include what is commonly referred to as a “sitting disability” where you are unable to sit without pain due to a back injury, sciatica, piriformis syndrome, coccydynia, myofascial pain syndrome and pudenal neuralgia, just to name a few. Complications from diabetes, such as diabetic retinopathy and nephropathy, cardiovascular diseases, poorly healing skin and bacterial infections can also qualify as a disability. These represent a mere handful of recognized disabilities, among hundreds. The bottom line is, if you feel a long-term mental or health condition is preventing you from working, you should consider filing for disability benefits.
Apply for benefits as soon as you are unable to work full time. It can take many months to process your application for social security or long-term disability benefits, so you should file an application or claim as soon as your physical or mental condition prevents you from working full time. If you do not get a phone call or a letter within two weeks of submitting your claim, follow up to ensure your claim was received and is being processed. Contacting a disability law attorney at the early stages of filing can also greatly increase your chance for receiving disability benefits.
Understand initial claims for disability benefits are often denied but usually successfully appealed. No one expects a legitimate claim to be denied. But it happens more than you might imagine. We fight insurance companies every day for people just like you who have had valid claims for benefits denied. Most of the successful disability benefits cases we handle originate from an application or claim for disability benefits that was initially denied. Do not let the initial denial be the end for you. You need a team fighting for you to appeal that denial and make sure you get the benefits you deserve.
Contact a disability attorney as soon as possible. Navigating the ins and outs of social security and long-term disability law can be complicated. You need someone skilled and experienced in fighting the government and disability insurance companies on your behalf to ensure you are paid the benefits you are rightfully owed. Bringing a disability law attorney on board early on can help alleviate your stress and frustration with the process and ensure you are doing the right things to protect, and not waive, any of your rights. At Taylor, Warren & Weidner, we have years of experience fighting wrongfully-denied disability claims. We know the law and the type of evidence you need to prove your case. Let us put our knowledge and resources to work for you.