Having a disability doesn’t mean what other people think it does. Yes, there are adjustments that you need to make to suit you and your needs, but otherwise, you’re a person living their life like everyone else. This being said, if you’re unable to work because of this disability, there are a few extra challenges you need to overcome, especially if you’re having trouble getting the social security disability payouts that you and your family need.
The following will explore the steps that you can take to have your social security disability case reviewed. Of course, every case is slightly different, so for the most accurate information about your particular situation, reach out to a qualified legal professional. It is also important to note that we’re talking about social security disability payments, not other forms of compensation. These cases are where an individual had social security disability insurance (meaning that you have worked for a certain period of time and paid social security taxes). If you’re unsure whether this applies to you, again, reach out to a legal professional.
Gather Together All Your Medical Records
The first thing you’re going to want to do is to collect all the medical records you can regarding your situation. It might seem like a complicated process, but just remind yourself that The Health Insurance Portability And Accountability Act gives you the legal right to access all your medical record information. Many doctors’ offices will have a form you can fill out and submit. If they don’t, write a letter requesting the records and deliver it. If you are struggling with this process, you can get help from:
- An attorney who will be able to guide you through the process
- Parents, guardians, and healthcare powers of attorney can request private medical information on your behalf
- Your doctor can also request copies of your records from other institutions
If You Need to Grant Power of Healthcare Attorney
If you cannot seek out your own medical records for health or disability reasons, there are options available to you. You can have someone else access your healthcare information. This is called granting power of attorney. Many people in this situation choose a spouse, grown child, or sibling. This process varies from state to state, so your best course of action is to visit with an attorney so they can draft up the documents you need according to state specifications.
Reach Out to a Lawyer
You’re going to want to reach out to an attorney who specializes in social security disability cases. Experts at laportelawfirm.com/our-locations/san-francisco/ emphasize that this course of action applies equally for both SSDI and SSI claims. There are countless different types of law specializations, and each one takes years of practice and study to master. Even if you have a friend who is, let’s say, a personal injury lawyer or a divorce lawyer, their skills won’t align with what you’re dealing with. Many people are surprised to learn that lawyers hire other lawyers when they are about to go through a legal proceeding.
Beyond this, you’ll want a lawyer who practices in the state that you’re located in. This is because the laws and regulations differ from state to state. Even in situations where the law is the same, the precedents previously set might be different. There is a better chance that a local lawyer knows enough about local judges and bureaucrats to help you present the best case you can.
Many people think they can handle the claims process without an attorney, and it is possible, but without legal help, there is a much larger room for error. The process is strict and has non-negotiable deadlines meaning if you mess up on a form or do anything out of order, you run the risk of having to start the whole process over from the beginning.
Beyond this, the law is written in archaic Latin-based English language that can confuse. One of the best parts of having an attorney on your side is having someone explain what is happening, why it’s happening, and what it means for you and your family. Many lawyers have free consultations where you can meet with them and discuss your situation. During these meetings, one of the main things you’re looking for is someone who explains things in a way that you understand them.
With the above steps incorporated into the actions you’re already taking, you’ll be well on your way to giving your SSDI or SSI claim the best chance you can. It can feel overwhelming at times, but there are people whose job it is to help you with the process.