Navigating the complex process of obtaining disability benefits can be daunting, especially after experiencing a life-altering injury or illness. While it is a complex legal process this is not cause for procrastination. Having a New Orleans disability attorney on your side promptly after your injury will increase the probability that you receive the benefits you deserve.
There are a great deal of factors that go into the acquisition of these benefits, but before getting into those details, let’s discuss the functionality of disability benefits.
When are disability benefits valid, and what do they cover?
Depending on the situation, there can be monthly cash payments, access to healthcare through Medicare or Medicaid, and potential eligibility for additional assistance programs. These benefits aim to alleviate the financial burdens caused by disabilities, enabling individuals to maintain a certain standard of living and access necessary medical treatments.
To determine eligibility, the Social Security Administration (SSA) considers various factors, including the severity of the disability, the individual’s work history, and their ability to perform job tasks. In New Orleans, disability benefits are available through two programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- SSDI: This form of disability insurance is designed for individuals who have accumulated sufficient work credits through their employment history. SSDI covers individuals who have worked and paid Social Security taxes but are now unable to continue working due to a disability.
- SSI: This is a disability insurance program based on financial need. It provides benefits to disabled individuals with limited income and few resources, offering crucial financial assistance to help cover basic needs such as food, shelter and healthcare.
What does a New Orleans disability attorney do?
A disability attorney plays a vital role in guiding you through the complexities of the process of obtaining disability benefits. Their understanding of Louisiana laws and regulations surrounding disability claims are valuable to anybody seeking these benefits after an injury.
Initially, a disability attorney will conduct a thorough consultation to assess your situation and evaluate the potential for obtaining disability benefits. They will explain the application process, help gather the required medical documentation and complete the necessary paperwork accurately and efficiently.
Additionally, a disability attorney in Louisiana acts as a valuable intermediary between you and the SSA. They will handle communication, answer inquiries and negotiate with the SSA to resolve any issues that may arise during the application or appeals process. This ensures that the client’s rights are protected and that their case progresses smoothly.
If your initial disability claim has been denied, a New Orleans disability attorney can assist with the appeals process, to earn you the insurance you deserve. This involves requesting reconsideration, preparing appeals paperwork and representing you in hearings before administrative law judges.
Can you be denied disability benefits after a life-altering injury?
Yes. As mentioned above this is a very real possibility. Although the severity and impact of the injury may be evident, the process of obtaining benefits can still be challenging and should never be tackled without a trusted disability attorney on your side.
One reason for denial is the failure to meet the SSA’s strict eligibility criteria. The SSA assesses factors such as the severity and expected duration of your disability, your work history, and ability to perform substantial gainful activity. Without proper legal representation, you may not provide the full details of your situation, thus not fulfilling the SSA’s criteria, leading to a denial of benefits.
Incomplete or insufficient medical documentation can also result in denials. It is crucial to provide comprehensive and up-to-date medical records, doctor’s opinions and other evidence that substantiate your disability claim. A disability attorney can guide you in gathering the necessary documentation and increase the probability that you meet the SSA’s requirements.
What are some common troubles individuals have when seeking disability benefits in New Orleans?
One common trouble in this process is the extensive waiting period for decisions on disability claims. The backlog of cases and the lengthy review process can significantly delay the receipt of benefits, causing financial strain if you are unable to work.
Obtaining complete medical records, documenting the severity and impact of the disability, and obtaining credible medical opinions can be complex and time-consuming. A disability attorney can assist in gathering and organizing this crucial evidence, strengthening your case.
When going about this process on your own, the potential for mistakes or omissions in your application or appeals paperwork is high, given the legal language and depth of requirements. Even minor errors can result in delays or denials of benefits. With experienced New Orleans disability attorneys like those at The Law Office of James A. Graham on your side promptly after your injury, you will avoid common mistakes and ensure that their claims are presented accurately and professionally.
If you or a loved one has suffered a life-altering injury that prevents the completion of necessary daily activities, do not delay in contacting the trusted disability attorneys at The Law Office of James A. Graham. The sooner you get experienced legal counsel on your side, the more likely you are to secure the disability benefits you deserve. This is a challenge that should not be faced alone. While you focus on getting better, let our team of New Orleans disability attorneys bring you peace of mind on the legal side of your recovery. We are proud to serve the entire South Louisiana community. Call or contact us today at our office to set up an in-depth consultation.