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Are You Eligible To Claim A Disability Benefit? Why To Talk To A Lawyer

3 Mins read
  • If you're wondering whether you're eligible to claim a disability benefit, it's important that you discuss things with a lawyer. It will depend on certain details like what type of disability you have, your tax position, and your work history

Long term disability insurance policies protect you in the case that you are no longer able to work due to a disability. The disability need not be related to work injuries, only that it stops you from being able to conduct and perform duties expected. There are several factors that you need to be familiar with regarding a long term disability claim, which is why you need to talk to a lawyer to understand the requirements and whether you qualify. Here are some of the dynamics that a lawyer can help you navigate regarding a long term disability claim.

  1. Work History

The Social Security Administration only awards benefits after having analyzed your previous work records. It has to be apparent that because of your disability, you are no longer able to work at any of the previous workplaces. The job descriptions, mandates, appraisal reviews, and managerial comments are some of the factors that are taken into consideration when weighing on whether you qualify or not. A lawyer is qualified to ascertain whether your work history qualifies for a long term disability claim.

  • Tax Position

Your tax position at the time of filing for a disability claim is a major consideration. There has to be proof that you contributed enough tax money to the Social Security Administration. The credits that you would have accumulated, which should amount to four credits a year, are calculated. You need at least 40 credits with 20 of them obtained in the previous ten years for your application to be considered. Understanding the tax dynamics regarding long term disability claims requires legal expertise to help you understand why your application might be accepted or declined.

  • Type of Disability

There are various categories of disabilities that have to be discussed with a lawyer. Having your application dismissed doesn’t necessarily mean that your disability was overlooked, rather it may mean that your disability might not have been categorized under the long term disability list of medical conditions. It’s advised to speak to a lawyer who has the expertise of assessing medical records, events leading up to disability, and kinds of disability. Depending on the categorization of the disability, you can then continue to claim knowing that you should qualify.

  • Special Rules

There are special rules that apply in the process of applying for long term disability claim. Discussing these with a lawyer help with knowledge regarding whether you can also file under a special condition.

For example, people who are legally blind with vision that can’t be corrected to 20/200 in the better eye, or people with visual fields at 20 degrees or less regardless of whether they are wearing glasses, qualify under the special rules category. Also, if you don’t meet the definition of legally blind but you do have poor eyesight coupled with other health conditions prevent you from performing work duties, you also qualify for a long-term disability claim.

A lawyer can specify the dynamics of special conditions that you may have otherwise overlooked.

  • Surviving Spouse

In the case of a surviving spouse, some conditions need to be met to qualify for long term disability claim. For example, widows and widowers need to be between the ages of 50 and 60, as well as meet the definition of disability under the Social Security Administration. In the case that the spouse is disabled, the application process can be sped up if the Adult Disability Report is completed. These are the minute details of long term disability claims that a lawyer will make easily available to you.

  • Child Disability Benefits

A lawyer will provide clear details regarding the possible grey areas of child disability benefits. Benefits for a child usually stop at the age of 18 unless the child is a full-time student at some level of schooling. Also, an adult that becomes disabled before the age of 22 and has a deceased parent, a parent in retirement, or a parent receiving benefits can still receive benefits. In this case, the child must be unmarried and meets the definition of disability for adults. Left to your discretion, this is the kind of information that you might overlook.

Conclusion

Experiencing disability may be difficult and it can take some time to adjust. Lawyers are available to you to discuss the intricate dynamics regarding filing for disability claims. Legal experts can discuss crucial factors that make you eligible for disability benefits such as work history, your taxes, type of disability, special rules as well as surviving spouse and child disability benefits that may concern you. Make sure to have all the information that is required for you to successfully file for disability claim by contacting an expert legal team.

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