If you think you might be eligible for a disability claim, it is a good idea to act fast. These claims can take time to process and procrastinating could end up doing a lot to undermine the validity, and ultimately the success, of your claim.
Many people end up putting the process of filing a claim off because they are intimidated by the steps requires, or perhaps they are hopeful that the condition will improve. Unfortunately, in many cases the condition ends up staying the same or even becoming worse, making it advisable to start your claim sooner rather than later.
Here is a beginner’s guide on how to file a disability claim:
1. Short-term versus long-term disability
In a short-term disability settlement, you will receive a percentage of your salary if you are injured or unable to work for a short period time to an injury or illness. The short-term disability time period is not set and will change depending on your employer, but you can usually expect it to be somewhere between 9 and 52 weeks. Long-term disability exists for situations in which your short-term coverage has run out and you are still in need of assistance.
For instance, if you have suffered a very severe injury, illness, or are dealing with other major health issues. In this case, you must apply for long-term disability in addition to providing proper documentation as to why you cannot work.
2. Do I need a lawyer?
Although it is not necessary in every instance to have a lawyer representing your case, the statistics overwhelming show that the cases which are represented by a legal attorney are more successful.
Of course, there is no way of guaranteeing that hiring a lawyer will necessarily mean that you win your case, nevertheless, they can ensure that when you case is presented before the court it will be properly developed and will address and present all relevant and potentially helpful information.
3. The process of preparing a case
A lot goes into preparing a disability case that actually has a chance of being successful, and that is why it is good to have legal representation on your side. When hiring a disability lawyer, you will already have someone on hand you can explain the process to you and who knows the rules and regulations inside and out.
They should already be able to anticipate what a judge will be wanting to see when it comes to a particular medical condition and be familiar with what questions to ask your doctor and what medical tests should be ordered in advance.
4. The matter of contingency
It is also worth considering the fact that disability lawyers are pain on contingency, meaning that they only get paid if you win. This means that they have a strong belief in the fact that any case they take on has the potential win. They are highly motivated and will be willing to do what it takes to ensure that your claim contains all the elements necessary for a win in the courtroom.
5. What sort of documents are required?
In order to mount the kind of case that can win, you should expect to hear your lawyer talking about tracking down documents such as medical records and test results, in addition to obtaining detailed statements from your physician and any other healthcare providers involved in the diagnosis of treatment of your condition.
They should be willing to sit down with you beforehand and explain how their understanding of the governing rules and regulations apply to your case and why they expect the ruling to come out in favour of your claim.