Tag: DISABILITY CLAIM LAWYERS

Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.

“A disability denial is a decision—not necessarily the end of the process.”

For Social Security disability, SSA provides an appeals process with reconsideration, hearing, Appeals Council review and federal-court review; SSA also states that disability appeals generally must be requested within 60 days.

Private disability policies can involve different contractual terms and procedures, so the site must distinguish Social Security disability from private/employer-sponsored disability insurance.

25 Buyer-Beware Warnings

1. ☐ Identify the disability program.
2. ☐ Determine whether it is Social Security or private insurance.
3. ☐ Obtain the denial letter.
4. ☐ Obtain the governing policy.
5. ☐ Identify the exact reason for denial.
6. ☐ Record the date of the decision.
7. ☐ Check the applicable appeal deadline.
8. ☐ Preserve medical records.
9. ☐ Preserve employment records.
10. ☐ Preserve earnings information.
11. ☐ Document functional limitations.
12. ☐ Identify treating providers.
13. ☐ Obtain relevant medical opinions.
14. ☐ Preserve correspondence.
15. ☐ Don’t miss appeal deadlines.
16. ☐ Don’t assume one denial ends the process.
17. ☐ Don’t submit inconsistent information.
18. ☐ Review the definition of disability.
19. ☐ Review exclusions.
20. ☐ Review offsets.
21. ☐ Review benefit duration.
22. ☐ Verify attorney experience with the specific program.
23. ☐ Understand representation fees.
24. ☐ Keep copies of every submission.
25. ☐ Track every deadline independently.

Premium Checklist

1. Identify the Claim

☐ Social Security Disability.
☐ SSI.
☐ Employer-sponsored disability.
☐ Individual disability policy.

2. Denial Analysis

☐ Medical reason.
☐ Non-medical reason.
☐ Definition-of-disability issue.
☐ Evidence issue.
☐ Procedural issue.

3. Evidence

☐ Medical records.
☐ Physician statements.
☐ Functional limitations.
☐ Work history.
☐ Earnings.
☐ Job requirements.

4. Deadline Control

☐ Record decision date.
☐ Calculate applicable deadline.
☐ Submit appeal.
☐ Obtain confirmation.
☐ Track next stage.

SSA specifically states that a disability reconsideration request generally must be submitted within 60 days after receiving the decision.

5. Lawyer Evaluation

☐ Relevant disability experience.
☐ Experience with the specific program.
☐ Fee arrangement.
☐ Who handles the case.
☐ Expected process.
☐ Communication system.