Why Do I Need a Social Security Disability Attorney?
Social security disability insurance (SSD/SSDI) can help those unable to work due to injury or disability. Individuals need to apply to receive these benefits, and their claim must be approved by the Social Security Administration. This can be easier said than done since many claims for social security disability benefits are denied and require appeal. The Provo, UT lawyers of Flickinger Sutterfield & Boulton have helped many people who were denied social security disability benefits and needed to go through the appeals process. We’d like to consider why an attorney is helpful for this process, and the benefits of seeking the aid of a lawyer when it comes to any kind of SSD matter. Denial of Social Security Disability Claims The majority of SSD claims are initially denied by the Social Security Administration. This may be due to improperly filled out forms, lack of medical documentation, or other issues. It’s been estimated that between 65 and 75 percent of SSD claims are initially denied, eventually being appealed before an administrative law judge (ALJ). How an Attorney Can Help with Initial Claims Working with an experienced SSD attorney can increase your chances of having your initial claim approved by the Social Security Administration. Some sources estimate that up to 30 percent of people who work with an attorney on their initial claim will be approved. You’ll notice that even with that improvement in approval, there is still a large number of claims that will be denied and require appeal. This is when an attorney’s expertise will be especially helpful. Administrative Law Judge Hearings As noted above, the denial of an SSD claim can be appealed in a hearing before an administrative law judge. You will have 60 days following claim rejection to apply for an appeal. During the actual hearing, the judge will explain issues with your SSD claim. You and any witnesses (such as doctors) will be able to provide testimony and answer questions for the judge. All testimony is provided under oath. Once the hearing is completed, the administrative law judge will review the evidence and proceed to issue a written decision. How an Attorney Can Help with the Administrative Hearing Having professional legal representation with you in an administrative law judge hearing can make a major difference. According to a piece on Nolo, 71 percent of people hired an attorney for their ALJ hearing. Of that number, 50 percent of claimants had their benefits approved, while just 23 percent of claimants did not. An attorney understands which witnesses would be best to appear in your hearing, and what kinds of questions should be asked to provide favorable testimony. If the ALJ hearing does not go your way, further legal assistance will be crucial for a federal court hearing to receive your SSD benefits. At a federal court level, a social security lawyer will most certainly be essential. Is a Social Security Disability Attorney Worth the Cost? This will depend on the individual, but in most cases, yes, the assistance of a lawyer is worth the cost so that you can receive SSD. Many attorneys will only charge their fee if your case is successful. This is why it is so beneficial to you to consider speaking with an experience lawyer as you undergo this process. Contact an Experienced Lawyer About Your Case To learn more about your rights and options and how our legal team can help you, contact the lawyers of Flickinger Sutterfield & Boulton. We are here to answer your questions and address your concerns as they arise. You can also reach our law firm by calling (801) 370-0505.
Workers’ Compensation: How Long Does it Take to Receive Benefits?
After suffering a serious injury at work, many people rely on workers’ compensation benefits to help cover necessities as part of recovery. While these benefits may not be as much as regular work wages, they allow an injured individual to heal without experiencing undue financial burdens in the process. A number of injured workers in the greater Provo, UT area have contacted Flickinger Sutterfield & Boulton asking about delays in their workers’ compensation benefits. Given these questions, we’d like to consider when your workers’ compensation benefits kick in and what you can expect regarding payment schedules and so forth. When Do Workers’ Compensation Benefits Start? According to Utah state lawn, insurance carriers have 21 days after learning about your work injury to either a) begin workers’ compensation payments, b) deny your workers’ compensation claim, or c) inform you that additional investigation is required. In cases in which further investigation is necessary, the insurer will have an additional 24 days to determine if they will accept or deny your claim. Given the timeframes involved in Utah by law, it’s always best to initiate this process as soon after your injury as possible. Reporting Your Injury and Filing Your Claim Once you have sustained an injury at work, be sure to inform your employee as soon as it happens. This will get the workers’ compensation process moving sooner rather than later. The proper work can be filed, you can undergo a doctor’s exam with proper documentation of your injury, and this will help you receive benefits sooner. Interview from the Claims Examiner A claims examiner will interview your employer, you, and other witnesses about your injury claim. This is part of the typical process for all workers’ compensation filings. Medical records and accident reports will also be consulted in order to determine if your claim should be approved or denied. How Long Will Workers’ Compensation Benefits Last? This will depend on the nature of your injury. In the state of Utah, the maximum amount of time for temporary partial benefits and permanent partial disability benefits is 312 weeks. Obviously not all injured workers will use the maximum amount of time allotted by Utah state law. What If There Is a Denied Claim or Delay? If your workers’ compensation claim is denied, you can appeal the denial. The appeals process will add time to the overall start of receiving benefits, however. Since it can take 21 days for an initial response, 24 days after that in cases where additional investigation is required, and even more time for the appeals process, a person can be months away from their injury without receiving any workers’ compensation benefits. How Our Lawyers Can Help If you’ve had your workers’ compensation claim denied or require legal assistance with these issues, our attorneys are here to help. We can go over the reasons for the initial denial of your claim and suggest actions to receive your rightful injury benefits. Having experienced litigators on your side in this process can avoid unnecessary delays and numerous headaches regarding the process. Contact the Attorneys of Flickinger Sutterfield & Boulton To learn more about workers’ compensation benefits and other issues related to workplace accidents and recovery, be sure to contact our team of work injury lawyers. The attorneys of Flickinger Sutterfield & Boulton are here to help you in your time of legal need.
Social Security Disability Benefits: Determining Amounts
After suffering a debilitating injury, Social Security Disability Insurance (SSDI or SSD) may be a crucial part of your recovery or of living in general. These benefits allow people who have been disabled to lead lives of dignity. Sometimes problems arise as people apply for benefits, and disputes may occur concerning the amount owed, whether it’s the monthly payment or backpay due to delays in payment. Our Provo, UT lawyers concerns some of the basics regarding SSDI and the amounts received. This should help you get a handle on how much you’ll receive in benefits and what issues you may encounter along the way. When Do Social Security Benefits Begin? Social Security disability benefits will begin six months after the date your disability began. For example, if your disability began in June of 2018, your first benefit would be paid for the month of December 2018. That said, you will receive your first payment in January of 2019 since benefits are paid for the previous month; backpay may also apply to this initial payment depending on the length of the process. After two years of disability, the Social Security Administration (SSA) will automatically enroll you in Medicare. More succinctly stated, Social Security benefits kick in six months after the disability began, with the first payment received seven months after the disability began. How Much Will I Receive? The amount you receive can vary, though most recipients of Social Security disability benefits receive between $700 and $1,700 per month. On average, people on Social Security disability receive $1,197. Does the Nature of My Disability Determine the Amount? No. The amount received through Social Security disability depends on your lifetime average earnings that are covered by social security. You can get more information by checking your own Social Security statement online. The SSA also has a number of official benefit calculators that can prove quite helpful. Factors That May Reduce the Amount You Receive While Social Security disability benefits are quite helpful, those who receive other types of government assistance may receive less than other individuals. The SSA notes that Social Security disability benefits may be reduced if you receive workers’ compensation benefits, public disability benefits, or pensions on work not covers by Social Security. These matters can be addressed through SSA calculators and with directly with a representative for the SSA if you have any questions. Disputes of Social Security Disability Benefits There are numerous disputes over eligibility for Social Security disability, as well as the amounts that a person receives in these benefits. Regarding backpay disputes in particular, there may be some questions about how much is received and when the backpay applies to an individual. Given the bureaucracy involved, the process can be daunting and time-consuming, especially when your primary focus is moving forward with your life and trying to live with dignity. How a Lawyer Can Help If you run into any issues or disputes regarding your Social Security disability benefits, it’s important that you contact a lawyer about your problems. They can help breakdown your issue and determine an ideal course of action. The peace of mind provided by a skilled attorney can be invaluable to you as you deal with the SSA. We want to make sure that the system works for the people it’s supposed to help. Learn More About Social Security Disability Issues For more information about social security disability benefits and how we can help you with these issues, be sure to contact our team of attorneys today. The lawyers of Flickinger Sutterfield & Boulton are here to help you in your time of legal need.
Workers’ Compensation vs. Personal Injury Claims
If you have been injured on the job as a result of someone else’s carelessness or another party’s negligence, you have a number of options to consider. Some may file for workers’ compensation benefits to help with recovery. Other may file a personal injury lawsuit to collect damages that resulted from the incident. The injury lawyers at our Provo, UT law firm have advised numerous people to do one of the other in various instances. The lawyers of Flickinger Sutterfield & Boulton want to consider how workers’ comp and personal injury lawsuits work, and the various advantages and disadvantages of each for people who have suffered a workplace injury. About Workers’ Compensation Claims A workers’ compensation claim provides insurance money to you/your household if you have been injured at your workplace. The benefits will cover some of your lost wages, medical expenses, and recovery costs associated with your on-the-job injury. About Personal Injury Claims A personal injury claim is a civil lawsuit in which damages are sought from the negligent party who is responsible for an accident occurring. The damages can cover all medical expenses, lost wages, long-term rehabilitation, legal costs, and even punish the negligent party for their actions. Proving Fault in an Accident: Why That Matters One of the biggest differences to consider in these work injury options is the matter of fault. A personal injury claim must prove the defendant was at fault. With workers’ compensation claims, no fault is required to collect benefits. The nature of your accident, the extent of your injuries, and your financial means will generally determine if it’s in your best interests to simply file a workers’ comp claim or pursue a personal injury lawsuit. Pros and Cons of Filing a Workers’ Compensation Claim With workers’ compensation claims, the primary advantage is that courts are not involved and proving fault is not necessary. You may want to consider a lawyer if your workers’ compensation claim has been denied since a legal expert can assist with the appeals process. The major drawback here is that if you seek workers’ compensation benefits, you will not be able to pursue any legal actions against your employer. This is worth noting if your injury was the result of negligence on the part of your employer. Pros and Cons of Filing a Personal Injury Claim With personal injury lawsuits, the primary advantage is that you can have all of your material losses covered through damages and make sure a negligent party is held accountable for their endangerment. This can improve safety standards and practices in an injury. The major drawback is that nothing is guaranteed in a personal injury claim. If the case goes to trial, there is no certainty that the jury will rule in your favor. These cases can also take years and be costly endeavors. Discussing Your Options with a Lawyer Given the pros and cons outlined above, it’s a good idea to discuss these matters with a skilled attorney. A legal expert can tell you if your case is worth pursuing, or if it’s a better option to file for workers’ compensation benefits instead. This advice can save you a lot of hassles and costly mistakes. Learn More About Your Legal Options To learn more about your legal rights and options, we encourage you to contact the lawyers of Flickinger Sutterfield & Boulton. Our team is here to help you understand the ideal way to have your legal matters addressed.