Introduction
Disability attorneys specialize in the areas of employment law, civil rights law and contracts. They may work for government agencies or individuals. Disability attorneys work with individuals who have physical, mental and emotional disabilities. They may also be employed by the Social Security Administration.
The Social Security system was established in 1935 and is funded out of payroll taxes. It provides monthly payments to people who have retired and also makes allowances for those who are unable to work because of physical or mental disabilities. A disability attorney has specialized knowledge that surrounds the rules and regulations of the claims and supports those who have been denied disability benefits.
Role
Disability attorneys represent a variety of clients with different disabilities. They may represent people with visual and hearing impairments, mobility issues, and those suffering from emotional issues such as bipolar or anxiety disorder. They also handle clients with mental handicaps such as Downs Syndrome and cerebral palsy. If any of these clients were working, then the disability attorneys can help them receive disability payments to compensate for the lost income.
Disability attorneys also inform clients of their rights in the workplace. When an employee faces discrimination in the workplace, a disability attorney will file employment discrimination lawsuits and negotiate a settlement to help the employee keep their job. If an employer does not provide the worker with an appropriate workspace or other accommodations to help them work within the limitations of their disability, an attorney can fight to get those needs met.
Solutions
Disability attorneys often consult with employers to incorporate programs that guarantee that their work environment and recruiting programs are in compliance with federal and state law. This may include things like providing suggestions on how to make workspace accessible to mobility-challenged employees or implementing computer software programs that help visually-impaired workers perform their jobs better. The goal in each instance is to institute a disability compliant work environment.
After you have applied for Social Security disability benefits and received your decision, seeking the advice of a Social Security disability lawyer can be useful if you find yourself being denied. The decision to grant benefits is based on the file that you originally presented for processing and the Social Security Administration compiles data based on certain criteria, including medical records and any past work history. A disability attorney understands these steps and knows what is required.
If you experience issues with your Social Security disability claim and have been denied benefits, disability attorneys can help you with the following:
Request a reconsideration of the original claim. This usually involves no additional documentation. The disability attorneys work with the SSA directly to review the paperwork and ask for a decision.
File a motion to hear the case in court. A judge will be presented with all vital information, and a decision is made.
File a civil lawsuit directly against the SSA. If the judge denies the case, this option can be exercised. This lawsuit can continue to be heard by the United States District Court and ultimately, the United States Supreme Court.
Tips and comments
It is important that you understand one thing; this process can take a very long time so remain vigilant. Remember, having disability attorneys represent you is imperative in this process. They will best advise you on how to prove the validity of your claim so you are awarded a favorable outcome.
