Five Tips to Win Your Disability Claim
Suffering an injury or illness that prevents you from earning your usual wages can be detrimental to your finances. If you don’t make the money you’re used to making, you might struggle to afford your medical bills, daily living expenses, and other costs you incur. You could end up facing significant debt while treating the injury or illness you sustained.
Whether the accident happened on the job or outside of work, there are options you can choose from to compensate for your lost wages, medical care, and other expenses that arise during your recovery. You could file a workers’ compensation claim if your injury or illness occurred while performing your job-related duties. Social Security disability is available to workers injured while off the clock and experiencing a loss of income.
Complete the Application
There is an application for benefits you should complete and submit to your employer’s workers’ compensation insurer or the Social Security Administration. It’s crucial to ensure you fill out each section completely and accurately.
Take the time necessary to review each part of the document, so you can gather all the information you need. Complete each section one by one carefully, so you don’t miss anything, and so that the details you provide are accurate. Any mistakes you make or information you leave out could negatively affect the outcome of your claim. If you submit an inaccurate or incomplete application, you will likely have your claim denied.
Meet All Necessary Deadlines
If your injury happened at work, you have a limited timeframe to inform your employer of what happened so you can begin the workers’ compensation claims process. New York law requires injured and sick employees to notify their employers within 30 days of the accident. You must file your application for benefits with the Workers’ Compensation Board within two years of the date you suffered the job-related injury or illness.
Applying for Social Security disability benefits doesn’t require following a specific deadline. However, you should file your claim immediately after suffering the injury or illness. There is a waiting period you must go through before you collect benefits, and the approval process could take some time.
Maintain Complete Medical Records
Submitting insufficient medical evidence is one of the most common reasons for denied Social Security disability and workers’ compensation claims. Adequate preparation is vital. You should review all records related to your injury and the treatment you sought to ensure you have every document you need.
If you’re missing anything, request copies from your doctors immediately. Even one missing date of treatment could delay the application process. Organize your records in chronological order from first treatment date to last treatment date. You should include all rehabilitation notes, surgical reports, imaging test results, lab work, and additional records that show your diagnosis, treatment dates, and recovery progress.
Stay in Contact with the Representative
When you apply for Social Security or workers’ compensation benefits, you will work with someone assigned to the claim. You should maintain ongoing communication with them no matter what. Always treat them with respect and answer all inquiries you receive from them.
You’re likely not willing to help someone who’s rude to you. The same thing applies to disability claims. If you’re difficult for the representative to deal with, they won’t want to move the process along or return your calls. Additionally, if you don’t respond to their questions or submit requested information in a timely manner, they might focus more of their attention on other applications.
Hire a Lawyer
Handling a disability claim alone can be overwhelming. It’s a complicated and confusing process for anyone to pursue. If you don’t seek legal representation, you could face a denied claim or receive lower benefit payments than you deserve.
Hire a lawyer after your work-related or off-the-job accident to represent you in your case. Your legal team can help you complete the application, gather evidence, and file the claim. They can also communicate with the insurance company or Social Security office on your behalf.
For over 40 years, Fusco, Brandenstein & Rada, P.C. has represented New York clients in their claims. We can help you seek the workers’ compensation or Social Security disability benefits you need to pay for your medical treatment (workers’ compensation only) and compensate for part of your lost income.
We will be by your side to advocate for your rights as an injured person and try to reach a favorable outcome in your case. You won’t have to face the complicated process alone. Our legal team will remain in your corner until the end.
Call Fusco, Brandenstein & Rada, P.C. at 516-496-0400 for a free consultation with one of our New York workers’ compensation and Social Security disability lawyers if your injury or illness keeps you from earning your usual wages.