What To Expect From A Disability Lawyer

by | Jan 14, 2015 | Lawyers

The United States Federal Government is responsible for administering a program which provides benefits to retirees as well as people who suffer from a physical or mental disability, the program is Social Security. A disability lawyer in Aurora is one who assists clients who are making an initial claim for benefits or more often, working with clients who have had their application denied. Statistically about three quarters of all initial applications are denied and these applicants are forced to make an appeal.

Rarely will a claim for disability benefits be successful unless it is supported with sufficient information to prove to the Social Security Administration that the applicant is unable to do any gainful work. When an application is first received by the administration it is subjected to an exhaustive review to determine if the claim is valid and benefits will be approved. The determination of eligibility takes into account the applicants medical history as well as his or her historic work records, the objective is to determine if the applicant can still perform the work duties they once had. A disability lawyer is intimate with the rules and laws of the system and knows from experience what the administration want in the way of substantiation information, the lawyer can provide assistance and guidance to the client on the best way to prove their disability and be awarded benefits.

A disability lawyer in Aurora is of course intimate with the claims process but in many cases is not brought in until the applicant has had his or her application denied but still feel they have a valid claim. It is at the point when the disability lawyer will file a motion for review, attempting to have the original decision overturned. At the review hearing which is held in front of an administrative judge, the attorney and applicant will argue the case, providing sufficient proof to substantiate all the facts presented and to further prove the claimant is indeed disabled and unable to work. In many cases the lawyer will bring expert witnesses in to add their testimony, explaining to the judge the extent of the disability. The lawyer may also bring occupational experts in to attest to the physical or mental needs to perform the work the claimant once did and to offer testimony to support the fact that the claimant cannot do any substantive work due to a lack of education, skill levels etc.

If your application for social security disability benefits has been denied there is an appeals process but to make an aggressive appeal you will need a disability lawyer in Aurora to help. You are invited to contact The Law offices of Jeffrey A. Rabin & Associates to discuss the circumstances of your situation.

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