3 Simple Ways To Help You Win Your Disability Claim


Contrary to what you may have heard, obtaining disability benefits is not an easy thing. When you apply for the program Social Security will consider whether your medical conditions impair your ability to not only perform the work you have done in the past but also any other work available in the national economy. There are three things that you can do to help ensure a favorable outcome from SSA. First, you need to document your limitations. Second, follow your treating provider’s recommended treatment plan. Lastly, get someone experienced to help you with your claim.

1. Document your limitations:

The Social Security disability (SSD) program requires medical proof that you suffer a severe condition that affects your ability to work. If you have not sought treatment from a doctor for your conditions there is no evidence that you really suffer from this condition, other than your word. And frankly, Social Security will not rely on your word when determining eligibility. If you want to win your disability claim, you need to seek medical treatment so as to document your limitations. It is not enough to simply be diagnosed with a condition. There needs to be medical evidence supporting how your diagnosis affects your ability to work.

For example, a diagnosis of arthritis in your spine would typically include documentation regarding your pain level, range of motion testing, any exertional limitations including your ability to sit, stand, walk or lift, and most importantly there should be x-rays or MRI’s performed documenting the condition. This is the type of documentation that should be included in your medical evidence which will prove your disability.

Documenting your limitations should be the easiest thing you do to win your case. As long as you are treating by a medical doctor for your condition, you will be well on your way to winning your disability claim. Assuming your limitations are severe enough to keep you from working.

2. Follow your doctor’s recommended treatment plan:

This is simple. Go to the doctor. Tell your doctor about your conditions. And then follow the instructions your doctor gives you about how to get better. Following your doctor’s recommended treatment plan is an important way to support your credibility in the eyes of Social Security. By credibility, I am talking about your claims regarding your symptoms and limitations as to why you cannot work. A large part of your disability claim relies upon your explanation of how your condition affects you personally. If you are making efforts to follow the recommended treatment, you are showing Social Security that you not only are suffering but that you are also making every effort to get better. That in and of itself goes a long way to support your allegations of limitations.

 3. Hire an attorney to represent you:

The final thing you can do to help win your disability claim is to seek help from someone who knows the Social Security program. Hire a social security disability attorney. Social Security recognizes the need for individuals to have representation. In fact, they encourage you to seek counsel. Navigating the process and regulations of Social Security can be confusing. Add to the confusion the facts that you are struggling with your conditions and you are in a difficult financial situation since you are not working. Hiring an attorney will not only relieve a significant amount of stress from your plate but will also put you one step ahead of the disability process.

Hiring an attorney doesn’t cost you anything out of pocket. The Social Security Administration regulates all fees an attorney is allowed to collect for disability claims. These fees are contingency-based, meaning your attorney will only get paid if they can secure your disability benefits. Talk to an attorney about your disability claim. You have nothing to lose but everything to gain. Call me at (561) 623-3681 for a free case evaluation.

When applying for disability the worst thing you can do is assume that because you are not working that you will be approved. Do not take an entitlement attitude towards the program. It will not help you obtain benefits. What will help you is by following the three things mentioned above. Document your limitations, follow your doctor’s prescribed treatment, and hire an experienced disability attorney to process your claim. Good luck!


 

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Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.