A disability attorney is a practicing legal professional that advocates for those who are physically or mentally disabled. Although a disability attorney in Linden may fight for specific rights for the disabled such as denial of education, employment, etc., the majority of the work they do revolves around disability compensation.
If an individual suffers from a mental or physical disability and the disability affects their ability to earn a living through full time employment, he or she may be entitled to compensation. Some people who are gainfully employed have private insurance that will provide monthly cash benefits, however, the greatest majority of those in the workplace rely on Social Security disability insurance benefits if and when the time comes. A disability attorney is perfectly positioned to advise a person if he or she is disabled according the definition of the Social Security Administration and whether the individual is eligible for benefits. Although there is no demand that a claimant for disability benefits must use an attorney to assist with the process it is highly recommended. A disability attorney in Linden can exhaust all legal means to obtain just compensation for a client.
Disability compensation is typically referred to as disability insurance benefits. Since 1935 when the original Social Security act came into force, employees have been paying into the program through payroll taxes which today are called FICA taxes. In the event a worker becomes either physically or mentally disabled; under very strict rules and regulations, can collect a certain dollar amount each month from Social Security. Although the disabled worker may have been paying into the fund this fact alone does not mean that collecting benefits is a foregone conclusion, it is not. The application and subsequent appeals process is complicated and can prove extremely frustrating, especially to a person suffering a disability. This is exactly why claimants hire a skilled disability attorney to assist them.
Rarely is a first application approved, in about 75 percent of the time the application is denied. Just because the application is denied is far from the end of the process, the applicant and his or her attorney can appeal the denial. There is a firmly established appeals procedure in place ranging from a request for reconsideration all the way through suing the SSA in Federal Court if necessary, but it rarely goes that far