What is a Disability Attorney?
A disability attorney is an advocate who is trained in the various rights of those who are physically or mentally disabled, including fighting discrimination against the disabled individual. These attorneys might be called upon to fight for the rights of a disabled individual who has been denied education, services, employment, etc., simply because they are disabled.
In the greatest majority of cases the disability attorney is involved in matters pertaining to disability compensation; a person with a mental or physical disability may be entitled to compensation if they are unable to make a sufficient income. Disability compensation can come from the government or private insurance companies. The attorney is well positioned to determine whether the claimant is eligible for disability compensation and if necessary, can assist the claimant using all legal means at the attorney’s disposal to obtain just compensation.
In the United States employees pay into Social Security; in the event the individual does suffer from a physical or mental disability this fund can pay a certain amount every month. Getting these disability benefits is not a foregone conclusion; it is often a complex and frustrating process to prove to the administrators that the applicant is indeed eligible. In many cases applicants will call on the help of a disability attorney.
It can be difficult to prove a disability and in many cases the initial application for benefits is denied. If this is the case it is possible to fight the denial as there is an established appeals process to follow. A disability attorney can play a big role in these cases by assisting their clients in proving disability to the satisfaction of the administrators, or if necessary, the court.
In most cases complete disability starts after 12 months of not being able to work, however, not all disabilities are permanent. An employee can assert that he or she is not capable of working and suffers a disability which is expected to last for a specific time period. The employer will often assert that the employee is not totally disabled and can perform certain work functions. In situations such as this, a disability attorney will argue on behalf of the client in an attempt to win benefits.