Long Term Disability FAQs

May 29,2012
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Disability benefits through the Social Security Administration were designed to help those who have been injured or become ill and are unable to work for a period of at least twelve months. Social Security disability is not meant for short-term disabilities, such as those lasting only a few weeks. On occasion, a person may become so impaired as to need long-term benefits. It is important that you work with New Jersey disability lawyers who understand the process and can help you get on with your life. The following are questions which are frequently asked of attorneys.

How Does the SSA Define “Disability”?

Your New Jersey disability attorneys will advise you that the commonly understood notion of disability is somewhat different from the definition used by the SSA. To be disabled under SSD you need to have a condition that prevents you from being able to work for at least 12 months, and that meets or equals an impairment in the listings.

What Is “Long-Term” Disability?

Long-term disability refers to an impairment that is either considered permanent or that will be life-ending. Your New Jersey disability lawyers will assess your circumstances when you meet for the first time and help you decide whether your impairment will likely be permanent. It should be kept in mind that the application process is the same regardless.

How Long Should I Wait Before Applying?

New Jersey disability attorneys will tell you that, normally, a person should not wait to file at all. It takes a minimum of five months from the date of application to approval and, often, even longer, so you should not hesitate.

What Are Two Mistakes Make by Claimants?

The two biggest mistakes claimants make are not seeking medical attention for the condition and failing to appeal if they are denied. Your New Jersey disability lawyers will tell you it is always a good idea to appeal until at least the hearing level. A significant percentage of applicants who were initially denied are approved at this level.

If I Have Long-Term Disability, Will I Need to Submit to a Periodic Review?

Yes. As your New Jersey disability lawyers will advise, you will have to submit to a continuing disability review. Generally speaking, you can expect that your case will be reviewed every three years, but the SSA may conduct a review sooner than this. You will be expected to fill out paperwork explaining the medical treatment you are receiving, whether your condition has changed, and whether you are in a vocational training or university program.

How Can I Help My Chances of Continuing to Receive Benefits?

You should seek medical treatment. The SSA will take particular umbrage to the fact of a claimant who is disregarding prescribed treatment. Your New Jersey disability lawyers will tell you that this is actually a very common problem among long-term disability claimants. They tend to give up on treatment they are receiving, perhaps in the belief that it isn’t helping.

What Will My Lawyer Do?

It is not legally required that you hire New Jersey disability lawyers to help with your claim, so you may well ask why you should do so. Your lawyer understands the nuances of Social Security disability law, and will be able to help ensure that your initial application is compete and correct. He will also represent you at your hearing and can help you appeal if it becomes necessary to do so.

New Jersey Disability Attorneys Can Help

If you have become injured and need long term disability, work with New Jersey disability lawyers who have the experience and knowledge to bring you through the process of applying successfully. Call Hermann Law Group, PLLC today to arrange a free case evaluation at 1-877-773-3030.