Reasons Why You Might Need a Disability Lawyer

If you have a disability, it can be difficult for you to function in everyday life. Fortunately, there are laws that protect people with disabilities from discrimination. These laws also provide for public services, housing, and the right to equal access to public venues. When these rights are violated by an institution or individual, legal action may be necessary. You can go it alone, but it’s often best to hire an attorney. Here are several reasons why you might need a disability lawyer.

You Need Social Security Benefits and Your Benefits Were Denied 

If you have a work history, then the Social Security Administration (SSA) will review your case when you file for social security benefits based on your earnings record and entitlement to disability benefits is dependent upon your medical condition preventing you from performing any type of work for which you are reasonably suited.

When your claim is initially denied, the SSA will send you a letter briefly explaining why it was denied and the next steps in the review process. You then have sixty days to file an appeal. If your benefits are again denied at this level, you have the right to have your case reviewed through a hearing by an SSA administrative law judge. You can find a social security disability attorney to represent you at this stage of the process to help ensure that all aspects of your claim are thoroughly examined. This way you can get the help you need before time runs out.

There is A Time Limit for Filing a Lawsuit

Disability lawsuits must be filed within the time allowed by your state’s statute of limitations. Many states have different statutes of limitations for different types of cases. In some states, the statute of limitations for a disability case can be as short as one year from the date of injury. This may not sound like a long time, but an attorney will have enough time to get all possible evidence and prepare a winning case. Here are some states and their time limits for filing a lawsuit:

-Illinois – three years 

– Indiana – three years 

-Iowa (for injuries to a person) – three years 

-Iowa (for injuries to property) – six years 

-Kansas – two years 

-Kentucky – five years 

-Louisiana – five years 

-Massachusetts – three years 

-Minnesota – four years 

-Mississippi one year 

-Missouri (health care providers only, not including minors or residents of nursing homes) – two years 

-Montana – three years 

-Nebraska – one year

-Nevada – four years 

-New Jersey – two years 

-New Mexico – three years 

-New York (long-term care facilities only, minors and residents of nursing homes are subject to a one-year limit for filing a lawsuit against a long-term care facility) – one year 

-North Carolina – three years 

-Ohio – two years aa) Oklahoma – two years 

-Oregon (court approval required if minor is under 6, otherwise no time limit) 

-Pennsylvania – two years dd) South Carolina – five years 

-Tennessee (for minors only) – four years 

-Texas – two years gg) Utah – three years 

-West Virginia (for minors and incapacitated persons only, no time limit for claims brought by or on behalf of a resident of a nursing home or intermediate care facility for the developmentally disabled against the facility or its employees) – one year 

You Have Suffered an Injury Because of Your Disability

A person or company may violate your rights by failing to make reasonable accommodations for your disability, refusing to hire you for reasons related to your disability, denying you benefits because of your disability, or by some other discriminatory act.

If you are fired because of your disability or lose out on a promotion that you should have gotten because of the way your employer treats your disability, then you may want to speak with an attorney. You can also speak with an attorney if someone makes it difficult for you to live in your home because of your disability. An experienced Disability Lawyer will know how to navigate complex discrimination laws and protect your rights. They can also help you gather the necessary documentation to strengthen your case and ensure that you receive the compensation or accommodations you deserve.

SSA Tried to Terminate Your Benefits Based on Inaccurate Information

If you have been receiving benefits from the SSA and the SSA decides to terminate your benefits because of information that is inaccurate or incomplete, you will need an attorney.

When you apply for disability benefits, the SSA asks for proof of your medical condition and work history to help them determine whether you qualify for benefits. If there is something wrong with the way the information was recorded or if someone falsified the information to receive benefits, then the SSA will try to terminate your benefits.

So in order to avoid losing your disability income because of a mistake, you should speak with an attorney immediately.

You Have a Question About Disability Insurance or SSDI Benefits

You may have a question about the amount of money that you are going to be receiving or the future of your benefits. It is always a good idea to be prepared for anything, so if you have any questions about your disability benefits, you should speak with an attorney before applying for them.

Some questions are very simple, like whether you can keep your health care benefits after applying for disability. Others are more complicated, like if you continue to work part-time while receiving benefits.

SSA Continues to Pursue an Overpayment of Benefits

If you accidentally received too much disability income, then you should report it immediately and repay the amount that you owe. This is because the SSA will continue to pursue the overpayment until you have paid it off in full or until five years have passed from when the overpayment occurred.

The SSA bases an overpayment on a number of factors, including how many months of benefits were received and how much money was received during that time. So if you accidentally received more money than you should have, then it is best to report it as soon as possible.

You Are Facing Criminal Charges or an Audit

If you are facing criminal charges, you might also want to speak with a disability attorney just to be safe. You or someone that you know could have committed fraud by reporting inaccurate information to the SSA.

If an audit is being performed, then it is possible that you are under investigation for overpayment of benefits.

 

A disability lawyer is necessary if you would like to speak with someone about any disability-related issues that you are experiencing or expect to experience in the future. They can help you fight for your rights and get money from a company, organization, or person that has taken advantage of you.