Let Us Help You With Your Disability Claim

disability lawyer Memphis, TN

If you’re applying for SSDI, you need the assistance of our Memphis, TN disability lawyer. The disability process can be difficult to navigate. It covers a wide range of information, and knowing how to fulfill the requirements and go through each step can seem overwhelming. At Darrell Castle & Associates, we help you through the whole disability process, from the application to the appeal. You can rest assured you have an attorney on your side who will fight for you and the benefits you need. By getting the support of a lawyer who is committed to protecting your rights, you can go through the process stress-free and with confidence. Contact our firm today to set up a free case consultation and learn how we can help. 

Whether you’re applying for the first time or appealing your claim, you want an attorney with experience, tenacity, and results you can trust. When you are searching for a dependable lawyer who can assist you with your disability claim, there are a few qualities that you should look for. You want to hire a lawyer who has enough targeted experience handling various disability cases and have achieved great results for their clients. You want to find a lawyer who uses an aggressive approach, attacking the weaknesses of the other party’s argument and fiercely protecting their clients’ rights. You want to know your law firm will stand up for you and treat you with honesty and respect. For decades, we’ve offered our clients excellent service and dedicated legal help.

Table of Contents

What Is Disability Discrimination?

State and federal laws have been enacted making it unlawful for an employer to discriminate against prospective job applicants and current employees who have a physical or mental disability. When an employer terminates, refuses to hire, or harasses an employee because of their disability, they could be sued. Furthermore, if an employee does any of the following, there may be grounds for legal action:

  • The employer does not accommodate the disabled employee within reason.
  • The employee is treated less favorably than other employees.
  • The employee is paid less than they deserve.
  • The employee is not given job assignments that they could do.
  • The employee is not considered for promotion.
  • The employee is frequently laid off, without a good reason.
  • The employee is not given access to fringe benefits.

The Americans With Disabilities Act

Congress has acknowledged the discrimination that people with disabilities face on a daily basis and that they have historically been isolated in participating in society. With this in mind, the Americans with Disabilities Act was passed. The objective is to reduce and eliminate discrimination against disabled people and give them access equal employment opportunities.

The ADA:

  • Makes it illegal to discriminate against a person with a qualifiable disability; and
  • Requires employers to reasonably accommodate their needs and limitations.

In 2008, the ADA was amended. The new changes made it easier for disabled people to qualify for protection under the act. Even so, if you are considering filing for protection or fighting against discrimination as a disabled person, it is important to talk with a disability lawyer about your options.

Appealing Your Disability Claim

The SSA denies disability claims all the time, so if you get denied you certainly aren’t alone. It is a frustrating experience, but luckily you can get help to appeal your disability claim. Our firm helps appeal your claim so you have a second chance. We make sure your application has all the additional evidence and information you might need to make your appeal a success.

In the appeals process, your attorney should look for every possible hole or missing piece. They will review your entire application to look for any errors, inaccuracies and other issues. You need someone with attention to detail who will go the extra mile for your case. Having a lawyer who specializes in disability law and the application process is beneficial because they are familiar with the system and know what exactly to look for. With a lawyer to help you every step of the way, you can submit an application that is much more likely to be accepted. We can help you make your application as close to one that is similar to yours as possible that has been accepted in the past. We know what judges look for and what may make them swing their decision to accept your application. 

Protecting Your Rights 

People with disabilities deserve to be treated in a way that makes life more fair for them. Just because you are unable to do something that someone with a different body than you can doesn’t mean you should be at a disadvantage to that. You deserve to be compensated to create a fair playing field. Disabilities can be difficult to live with at times, and you deserve to have a seamless process when applying for disability assistance. Hire one of our experienced disability lawyers in Tennessee to walk you through your case. We can answer questions for you and fill out all of the extra necessary paperwork we need to file for an appeal. We can speak to others on your behalf and talk to you about what to say to a judge in an appeal process. There are no questions too big or small that we can answer, so feel free to take your time at a consultation to see if you want to work with us moving forward. 

The Benefits Of Hiring A Disability Lawyer

If you can’t work and want to file a disability claim, you may wonder if you should hire a disability lawyer. Although you’re not required to obtain legal assistance, it’s recommended. Here are some of the benefits of hiring a disability lawyer:

  • Help You File A Claim: When you apply for disability benefits, you have to fill out a lot of paperwork. These documents can contain confusing language that you may not understand. If you make an error on the paperwork, your case could get delayed or denied altogether. That is why it is important to have an experienced disability lawyer on your side. He or she can help you fill out this paperwork correctly and in a timely manner.
  • Gather Evidence: In order for you to receive the maximum amount of money in disability payments, you have to present the court with sufficient evidence regarding your disability. An experienced disability lawyer can help you do that. He or she can help you gather medical records from your doctors to support your case. Your lawyer may also identify expert witnesses to testify on your behalf in court.
  • File An Appeal: Believe it or not, many people’s initial disability claims get denied. However, this does not mean you have to give. You have the option to file an appeal. In this situation, it’s especially important to work with a disability lawyer. We will identify what went wrong with your initial application and help you correct it. With a skilled lawyer on your side, you will have a better chance of getting your appeal approved.
  • Represent You In Court: Before you receive disability benefits, you have to present your case in front of a judge. Standing in a courtroom can be quite intimidating. That’s one of the reasons why it is critical to have a skilled lawyer on your side. He or she will prepare you for the hearing and prevent you from saying something that could jeopardize your case.
  • Have Contingency Fees: Some people are hesitant to hire a disability lawyer because they’re afraid the fees may be too high. However, the majority of disability lawyers work on a contingency fee. This means you won’t owe money upfront. When your case settles, our Tennessee attorney will take a percentage of your settlement.

What You Need To Support Your Disability Claim

Your disability onset and application date can affect the strength of your claim, the amount of your SSI and SSDI benefits, and your insured status as related to SSDI. Documentation of your disabling condition by medical personnel and your employer carries substantial weight.

The Social Security Administration will uncover your residual functional capacity. The doctors and specialists you have seen, the effects of medications and treatments, and the results of imaging and labs will be essential paper trails for substantiating your claim. A diagnosis from a consultative examination can provide additional medical support. Not following your doctor’s treatment recommendation can jeopardize your claim.

A combination of your age, education, prior employment, diagnosis, and prognosis can be considerations in your ability to work. A vocational evaluation can corroborate your inability to sustain gainful employment.

Myths About Applying For Disability

If you find yourself unable to work and you are struggling with a lack of income, you may be wondering if social security disability can be of help to you. Applying for disability can be a daunting task, and you may be hesitant to do so.

However, don’t dismiss the possibility of benefitting from Social Security Disability Income. You may qualify for a monthly check and not even realize it. Darrell Castle and Associates, PLLC can help you figure out whether you qualify for benefits. In the meantime, here are some busted myths about applying for disability.

“You Must Share Your Entire Medical History”

It’s true that the application for Social Security Disability Income benefits is lengthy. You do have to share a considerable amount of your medical history in detail.
However, Social Security is not looking for your entire medical history. They are just asking about the parts that pertain to your disability. Your lawyer can help you determine what parts of your medical history are relevant to the application. He or she can help you write your answers and gather documents as needed so that you are less overwhelmed.

“The Money In Your Bank Account Matters”

The amount of money you have in your bank account may be deterring you from applying to receive social security benefits. If you are afraid that you might not qualify for the monthly income because you have too much money in your bank account, you should contact Darrell Castle and Associates, PLLC to talk about your particular circumstances.

Unless you are applying for Supplemental Security Income (SSI), the amount of money in your bank account does not matter. Of course, you can also rely on your attorney when applying for SSI. You may be eligible for this type of supplemental assistance if you are permanently disabled since childhood and you have never been able to work.

“The Initial Benefits Decision Is Final”

You might have heard that most people who apply for Social Security Disability Income are turned away by the federal government. Perhaps you think that this makes it a waste of time for you to apply. However, this idea couldn’t be further from the truth. Sure, many applications are initially denied by the Social Security Administration. However, if you are not awarded a benefit the first time around, you are entitled to an appeals process which may include a hearing. This is where our injury and disability law firm can be most helpful. 

Disability FAQs

If you plan to apply for disability benefits, it’s important to speak to our disability lawyer in Memphis, Tennessee. Applying for these benefits can involve many complexities, so you want someone knowledgeable and experienced on your side. Here are some frequently asked questions and answers about disability benefits.

How Much Can I Expect To Receive From My Claim?

The Social Security Administration uses a number of factors such as your Average Indexed Monthly Earnings (AIME) and Primary Insurance Amount (PIA) to calculate the payment you will receive. As a result, the formula is quite complicated. A lawyer can help you determine what benefits you can expect to receive.

How Long Will Applying For Disability Take?

For some lucky people, they will only need to apply for disability one time, and it will only take a few hours or days of their time. Others however, will need to appeal their application, perhaps multiple times, which will require a lot more time. Hiring our practiced disability lawyer at Darrell Castle & Associates, PLLC can save you time and energy.

Am I Eligible For Benefits If I Am Retired?

It depends on your situation. Did a medical or physical disability force you to retire early? If so, you may be able to claim disability, but it can be complicated, and you should discuss your situation with a lawyer, who can determine whether you qualify.

What Information Should I Include In My Application?

The application process is complex and unfortunately, many of those that apply are rejected. Having the right information in your application is an absolute must. A lawyer will know what to include to make your application as compelling as possible.

Should I Be Wary Of The Request For A Medical Examination?

After the company receives your disability claim, you may be required to submit to a medical exam performed by an independent doctor. However, this physician or examiner is likely employed by the insurance company. This can lead to a biased and inaccurate evaluation of your health. With the assistance of a disability lawyer, you can protect your rights. A fair medical examination may be key to the approval of your disability claim.

How Do I Obtain Evidence?

Fully discussing and disclosing symptoms without minimizing your condition may motivate a doctor to do the right thing and record your examination with an unbiased mind. Ask for a copy of the exam to keep for yourself, and another for your Memphis disability lawyer so they can perform a thorough review of the evaluation.

What If My Claim Is Denied?

In the event of a disability claim rejection, it may be best to get the help of an attorney if you do not already have one. If you are interested in filing a lawsuit against the company, you may have to submit an appeal or reconsideration first. Our Tennessee disability lawyer can help you decide which route is the next best choice of action for you. Call us at Darrell Castle and Associates, PLLP to find out how we can help you.

Darrell Castle & Associates, Memphis Disability Lawyer

5050 Poplar Ave Suite 1600, Memphis, TN 38157

Contact Our Disability Lawyer Today

If you need to apply for SSDI or appeal your claim, contact us to get started. We offer a free consultation and don’t get paid anything unless you win. So you have no reason to wait and nothing to lose – except the opportunity to make your claim as strong as possible. You should choose us to represent you because we have decades of experience protecting the rights of people living with disabilities. We are committed to you, and we specialize in the field of social security disability insurance. You may review our wonderful staff and our accolades here. 

Contact us at 901-327-1212 to get started. You can speak with a top disability lawyer today. We will go over the details of your case and will be honest with you about the likelihood of getting your disability case approved. We are incredibly experienced in this field and have worked with many different kinds of people so will know how to potentially fight an appeal for you, if necessary. Do not feel discouraged if we do not get you disability compensation on the first try. Many people do not get it their first time applying — you will just have to go through the appeals process, which is much smoother with a skilled lawyer. Contact us today to learn more. 

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“Connie and Jordan made sure everything went smooth for me. They answered every question I had. Definitely made sure it was easy & painless from start to finish.”
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