In the United States there is a government program that makes monthly payments to people who have retired, as well as making payments to people who have physical or mental disabilities and cannot work. A disability lawyer is one who focuses his or her law practice on social security disability claims, using the specialized knowledge of this area of law to aid a client who wishes to apply for disability benefits but usually is more involved in advocating for those who have applied but had their application denied.
A disability claim rarely will be granted without sufficient support data to prove without a doubt that the applicant cannot perform any substantive work. Once the application has been received by Social Security it goes through a very detailed process to determine if the claim is valid or not. The process takes into account a review of the applicants work duties and medical records and decides if the applicant can still perform these work duties. A disability lawyer knows the process well, he or she knows exactly what documents and other proof the Social Security Administration needs and the attorney can give the client advice on what the best ways are to prove a disability to the satisfaction of the administration and be awarded a claim.
Of course attorneys who deal with social security disability are intimate with the claims application process but they are most often called upon by applicants who believe they have a valid claim but their application for benefits was denied. The disability attorney will file a motion for review, asking that an administrative judge review the application with a view toward overturning the original denial of benefits. At the hearing the attorney for the applicant will argue the case, providing sufficient proof to support the claim that the client is indeed disabled. It may be necessary to bring in expert witnesses to testify to the extent of the physical or mental disability as well as an occupational expert who can attest to the amount of physical or mental abilities that are required to do the work.
Often this appeal fails and the appeal is denied. This is not the end of the process, the disability attorney can now appeal with the appeals council; the council will review the findings of the administrative judge and make a ruling. The appeals council reviews the case behind closed doors. Should this fail the attorney can request that a US District Court review the case and the denial decisions.
If your application for social security disability benefits was denied there are other steps in the appeals process but to make an aggressive appeal you will need a disability attorney with you. You are invited to contact the Social Security Business Name For more information visit the site Website Domain.
