The Difference Between Short and Long-Term Disability Claims
If you’re asking the question, “Is there a disability attorney near me?” it is likely that you are in one or more of the following situations:
- You have been injured in a work-related accident.
- You have medical issues that prevent you from working on a temporary basis.
- You have medical issues that prevent you from working on a permanent basis.
If you haven’t applied for disability insurance yet, a disability insurance attorney can assist you with the disability application. If you have already applied for disability insurance and been denied, a short term or long term disability attorney can review your case. It is possible that you may qualify even though you were recently denied.
f you are interested in filing for disability, it’s important to know that the Social Security Administration (SSA) has a very specific definition of disability. Furthermore, there are also stringent requirements in order to be granted disability payments.
According to the SSA, they will not pay for partial or short-term disability. In order to qualify, the disability needs to be total and and reflect an inability to be able to work. In order to be considered disabled by the SSA, an individual would need to meet the following conditions:
- They are unable to do the same work they previously performed..
- They would be unable to do other work based on their condition.
- They have already been disabled or are expected to be disabled for a year.
- Their condition will lead to death.
If you are experiencing short-term disability, particularly if it is work-related, the SSA states that Workers’ Compensation may be one of the resources available for you. The SSA also indicates that an attorney can represent you when filing a claim, throughout the claim-filing process, as well as if you are denied and choose to appeal.
You may be aware that 74% of the states require businesses to have Workers’ Compensation Insurance for their employees. Workers’ Compensation claims are filed for a variety of reasons; however, 85% of these are due to employees slipping and falling on slick floors.
The United States Department of Labor states that employees may qualify for Workers’ Compensation under the Federal Employees’ Compensation Act. In order to qualify for Workers’ Compensation, there are five basic requirements:
- The claim needs to be filed in a timely manner.
- The individual named in the claim was an employee at the time the issue or accident occurred.
- The incident or condition actually occurred and was diagnosed as being connected to work.
- At the time of the claim, the employee was actually performing their job.
- There is sufficient medical evidence to support the condition was work-related.
A Workers’ Compensation attorney can provide more detailed information on the conditions that need to be met in order to file a claim. One of the many benefits of having an attorney assist you with filing a claim is that they are experienced with the nuances of the law. Furthermore, if you were denied, and it has been established that you do qualify for Workers’ Compensation, your attorney can represent you in a hearing.
Depending on the type of illness or injury that resulted from a workplace situation, a compensation settlement will vary. If your arm was damaged at work, for example, the maximum average as of March 2015 was $169,880.
When asking the question, “Is there a disability attorney near me?” it’s important to follow through and contact an attorney in your area. Whether you will need an attorney to provide Social Security advocacy services or assist with filing or appealing a Workers’ Compensation Insurance claim, your attorney will be there to represent your interests to the best of their ability.
Since you are asking the question, “Is there a disability attorney near me?” it’s clear that you have questions that need to be answered by an attorney within this specific area. If you are asking the questions, “Is there a disability attorney near me?” or “Is there a Workers’ Compensation attorney near me?” on behalf of a family member, that has become disabled, injured at work, or died as a result of a work-related injury, then an attorney will also be able to assist you.