Experienced Disability Lawyer Memphis, TN Trusts
If you’re applying for SSDI, you need a disability lawyer Memphis TN knows and trusts with their applications. 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.
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.
Expect This When Applying for Disability Benefits
Unexpected injuries and illnesses often have unwelcome financial implications. Not only can they produce costly medical bills, but they can also keep you from working for an extended period. If you find yourself in this situation it is natural to feel overwhelmed. Luckily though, there are options to ease the burden. If you or a loved one is suffering from a medical condition that keeps them from earning an income, it’s a good idea to research their eligibility for Social Security Disability Insurance.
Social Security Disability Insurance or SSDI is a monthly benefit paid to Americans with medical conditions that keep them from working. Unlike traditional Social Security benefits which are reserved for Americans over the age of 62, SSDI benefits are available to workers of any age. While there is no age restriction, qualifying medical conditions must be shown to keep an applicant out of the workforce for a year or more. Applicants suffering from short-term conditions will not qualify. If you feel that you or someone you know has a claim, here’s what you need to know.
Be Prepared To Appeal
After you’ve gathered the necessary information, you can apply online or by phone. It’s important to remember that the initial application process can be lengthy. It is reasonable to expect a period of several months between receipt of your application and your first payment. It’s important to be patient and resilient here. While it is already a long process in the best instances, many applicants are denied the first time around. If you find yourself in this situation, contact a disability lawyer in Memphis TN as soon as you can. Receiving a rejection is not necessarily because you do not qualify. You are entitled to an appeals process for you to make your case. Firms like Darrell Castle and Associates can aid you along your journey.
The Appeals Process
Appealing a denial for SSDI benefits is a 4 step process. Your disability lawyer in Memphis TN will be able to guide you through each step. The first step is called Reconsideration. Here, you will be asked to submit one of three forms. The form you are required to submit will depend on why your application was denied. If you receive another denial, you are entitled to a hearing with an Administrative Law Judge or ALJ. Having an ALJ hearing increases your odds of approval. However, if your appeal is denied at this stage, you can then appeal your case to the Social Security Administration Appeals Council. While this is not your final option, it is important to note that appeals at this stage are difficult to win. If the SSAA doesn’t agree to grant you SSDI benefits, you and your attorney can file a petition with the clerk of the United States District Court in your jurisdiction. At this point, your case will be assigned to a judge. They will review your case, and either grant you your benefits or refer you back to the Social Security Administration Appeals Council.
Living with a medical condition is not your fault. While there is help available, securing the benefits you deserve can be difficult. Having an experienced disability lawyer in Memphis TN from Darrell Castle and Associates can be a huge advantage.
3 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. A disability lawyer in Memphis TN from a practice like 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.
1. 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 disability lawyer in Memphis TN 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.
2. 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 a disability lawyer in Memphis TN 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.
3. 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 a disability lawyer in Memphis TN can be most helpful.
Apply for Disability in Memphis
Filing a disability claim can be quite complex. Everyone faces their own unique set of circumstances, so the disability claims process may look different for everyone. When you apply for disability, you may be tempted to submit materials all on your own. Doing so can lead to mistakes. Generally, this leads to a denial of the application. In fact, the vast majority of applications get denied.
The main reasons for unsuccessful SSDI applications include:
- insufficient medical records
- wrong or incomplete personal information
- lack of doctor testimony and other evidence
- no proof you qualify (like work history or other important info)
It only takes a small error for your SSDI application to get denied. Even if your intentions were innocent, there is a strong chance that your application will not be accepted. There’s no reason for some of the above to happen, especially when an attorney can make sure your application has all the information it needs. If you have to file a disability application, make sure you speak to an attorney first so that you have everything you need to fill the application correctly. They can review your information so that it is up to date, accurate, and is not missing requirement documents or other important information. While you may wonder if meeting with a lawyer is truly necessary in your case, it is worth the time. They can save you the hassle of having to redo your application if there was a mistake with it. With a qualified disability lawyer Memphis TN relies on, your application has a much higher chance of success.
Appeal 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.
Service Dogs and Emotional Support Animals
It is not uncommon for a disability lawyer in Memphis TN to receive questions about service dogs and emotional support animals. These animals can play a critical role in the lives of individuals with disabilities, and the ADA protects individuals who need these animals.
Service dogs are highly-trained dogs that provide a specific service to individuals with disabilities. Under the ADA, service dogs are allowed to travel with their owners into any public place, such as a restaurant or a hotel, even if that place doesn’t normally allow dogs. Many people with disabilities depend on service dogs to help them get around safely, complete daily tasks, and alert others in case of an emergency. In addition to helping them navigate their environment, service dogs provide emotional support to disabled individuals as well.
Emotional support animals can be any kind of animal, and these pets typically do not undergo the same rigorous training as service dogs. Individuals with emotional support animals are only allowed to bring their pets on airplanes and in housing facilities that do not otherwise allow pets.
In both cases, an individual with a disability needs to have a letter from a licensed mental health professional stating that he/she has a legitimate need for the animal.
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.
Client Satisfaction at Our Memphis Disability Firm
Our SSDI lawyers have helped hundreds of people get the disability benefits they desperately need. In the process, we also treat our clients with compassion and respect. We offer free resources about the disability process and what to expect in case of an appeal. We also come to you if your disability renders you unable to travel to our firm.
As a veteran, I have deep empathy for people who’ve experienced disabling injuries. And as a result, our clients know they will get award-winning service at a reasonable rate. My staff works tirelessly on your behalf, and our fees are limited by law. Plus we never get paid anything unless your case succeeds. So you can have great care at a very affordable price.
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 in Memphis, TN. 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 in Memphis, TN. He or she 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, a disability lawyer in Memphis, TN will take a percentage of your settlement.
Contact us at 901-327-1212 to get started. You can speak with a top disability lawyer Memphis TN trusts today.
Filing an Administrative Charge
If you have never filed an administrative charge, there are several components involved that you will need to be familiar with for a successful outcome. This includes meeting the deadline for filing the administrative charge against your employer. Let a disability lawyer Memphis TN relies upon from Darrell Castle and Associates, PLLP and Associates, PLLP to guide you through this legal maze. Here are some general guidelines about the process.
- Under Federal law, before you can bring a discrimination lawsuit, you will have to file an administrative charge with the Federal Equal Employment Opportunity Commission (EEOC) or the Tennessee Human Rights Commission. If you file a lawsuit without first having filed a charge, your lawsuit will be thrown out.
- The EEOC or agency will notify your employer when it has received your administrative charge. The EEOC may dismiss your charge, choose to investigate, request that you try to settle or mediate the dispute with your employer, or they may act themselves, though that is rare. Otherwise, they will process your claim and issue you a right to sue letter. This is what you need to be able to file a lawsuit.
- As with filing an administrative charge, there is a deadline for filing a lawsuit after receiving your right to sue letter. An experienced disability lawyer Memphis TN employees rely on can help you with these filings and can assess the strength of your claim. Darrell Castle and Associates, PLLP can also prepare your administrative charge, and even help you negotiate with your employer.
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.
How a Lawyer Can Help With Your Claim
A disability lawyer in Memphis TN can assess your claim and fill out and submit your initial application with complete documentation. Your lawyer can request an on-the-record decision to expedite your claim. Furthermore, he or she can represent you throughout the levels of a disability appeal, where a new representative assesses your claim with each appeal. As appeals continue, your chances of winning your claim diminish. However, even after your claim has gone through all levels of appeal, your lawyer can represent you in federal court.
When considering a lawyer, ask about the lawyer’s background, caseload, and preferred communication methods. Enquire about the expected timeline for your claim to be processed. You will want to be clear on the payment structure as well. Ask if there is an administrative fee to gather documents from doctors, clinics, hospitals, and employers. Once you select a disability lawyer in Memphis TN, you will sign a contingency payment agreement.
Filing a Social Security disability application along with supporting documents can be daunting. You can easily incur delays if you make an omission or mistake. Even if you initially choose to apply independently, you will want a lawyer representing you if you need to appeal. Disability applicants who have a lawyer advocating for them are more likely to win their claims. Darrell Castle and Associates, PLLC, are knowledgeable about current practices in disability laws and can guide your claim appropriately.
Call our law firm regardless of where you are in the process outlined above. As a disability lawyer Memphis TN has relied on for over 30 years, Darrell Castle of Darrell Castle and Associates, PLLP is well-equipped to assist you, so call 901-327-2100 for a free consultation.
When you’re disabled and unable to work, the last thing you need is a denial of your disability benefits. This can happen if the Social Security Administration (SSA) determines that you are not disabled enough to qualify for benefits.
Hiring a disability lawyer in Memphis, TN from Darrell Castle & Associates can help ensure that your application goes through smoothly, or help you if your claim is denied.
A Memphis disability lawyer can help determine whether you are eligible for SSDI or SSI, which will depend on how much you have worked in the past and how much income you have coming in. He or she will also help prepare all of the necessary paperwork and gather medical evidence.
Whether you are applying for disability benefits or appealing a denial, having an experienced disability attorney is crucial to getting the best result.
A Disability Lawyer You Can Trust
If you have you been discriminated as a disabled employee, a disability lawyer Memphis TN clients trust may be able to help. You may be able to sue your employer or other relevant party. It may be useful to have a Memphis disability lawyer on your side which is why you should call Darrell Castle & Associates now at 901-327-2100.
Understanding 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 harrasses 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; and
- The employee is not given access to fringe benefits.
Disability Stems From A Birth Injury
You or your child may have a disability due to a medical malpractice issue. If the doctors made a blunder while the baby was in utero or being born, permanent damage would have occurred that caused the present disability. If this is the case, you may be entitled to sue for recovery.
Suppose that the doctor forgot to measure your baby while it was in utero. Suppose the baby became too large to safely pass through the birth canal, but the doctors failed to realize that c-section was necessary. As the doctor attempts to extract your baby, its head is damaged, and the result is cerebral palsy. Suppose that the umbilical cord got wrapped around your baby’s neck while it was in utero, again, perhaps, due to its size, so that it stopped breathing. This can cause a host of issues, including brain damage and your child often having seizures.
If your disability is the result of a birth injury stemming from medical negligence, you may request financial compensation for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment
- Reduced quality of life
Disability Stems From Medical Malpractice
If you lived a relatively normal life until a botched surgery occurred and resulted in you now having a disability, you may sue for recovery and punitive damages. If your injury is caused by medical negligence, you may request financial compensation for:
- Loss of consortium (if you’re married)
- Loss of enjoyment
- Reduced quality of life
- Loss of future earning capacity (in the matter where you can’t return to your previous work status and must take a lower paying job)
- Emotional distress
- Pain and suffering
You should also consider whether you’ll need a caretaker or live-in assistant. If so, your cost of living increases. If your disability leaves you as a paraplegic or quadriplegic, then you may even need to move to a different home, particularly a one-story home. You may need to pay to have a ramp installed in your house or driveway. These are all expenses that you shouldn’t have to foot alone. Hire unsurpassed legal experts from Darrell Castle & Associates. Hire the best disability lawyer Memphis TN has to offer.
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.
- 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 Memphis TN residents depend on about your options.
Protecting American Employees from Disability Discrimination
Disability law is extremely complex, yet it is one of the most litigated areas of employment law. Often the employee and employer do not understand their rights and responsibilities leading to tremendous and expensive consequences.
Each disability lawyer Memphis TN families rely on from Darrell Castle & Associates help both employees and employers with all aspects related to disability law. This includes, but is not limited to:
- Determining whether or not the employee has a qualifying disability;
- Determining whether the employer must provide accommodation;
- Offering assistance on requesting accommodation;
- Working with medical professionals to get the right documentation;
- Ensure employers understand their obligations to a disabled employee; and
- Pursue legal action when discrimination has occurred.
Each disability lawyer in Memphis TN from Darrell Castle & Associates can provide you with practical and knowledgeable legal advice. If you have a case we may help you to understand how your situation can be resolved in the most timely, stress-free manner possible. For a free consultation with a disability lawyer Memphis TN provides, call 901-327-2100.
Memphis Disability Lawyer FAQs
If you plan to apply for disability benefits, it is important to speak to a disability lawyer in Memphis, TN. 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.
Have you exhausted all available avenues within your company?
Darrell Castle of Darrell Castle and Associates, PLLP is a disability lawyer Memphis TN has turned to for over 30 years. He can provide you with the legal counseling you need in order to ensure you have exhausted all available avenues within your company to rectify the situation. If talking to the individual who might be discriminating against you and filing an internal complaint did not resolve the issue, you may need to take additional measures. If your employer refuses to take adequate action to rectify the situation, you might be best served by filing an administrative charge against them. We can help.
Which Social Security disability benefits do I qualify for?
You can qualify for disability benefits under certain conditions. For those under 24 years old, you must have worked 18 of the last 36 months in order to qualify for disability. If you are over 24 years old, you will need to prove that your disability is severe, which can be tricky to do. Hiring a lawyer who can gather the correct evidence to support your case can be invaluable. In addition, spouses and children of a disabled worker. A lawyer will understand if you and your family meet the conditions necessary to qualify.
How much can I expect to receive?
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 a practiced disability lawyer in Memphis, TN from a firm like Darrell Castle & Associates, PLLC can save you time and energy.
I’m retired. Am I eligible for disability benefits?
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 will I need to 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.
My application was rejected. What should I do now?
Depending on the circumstances of your application’s rejection, it may make sense to apply again. A lawyer will be able to explain the terms of the rejection and whether you should appeal.
What is a disability lawyer?
A disability lawyer in Memphis, TN is an attorney who specializes in helping people apply for Social Security Disability (SSD) benefits. They can also help you with your SSD appeal if your application was denied.
Disability lawyers are usually paid on a contingency fee basis, which means they get a certain percentage of your past-due benefits if your case is approved. If your case is denied, most lawyers won’t charge you anything.
If you decide to work with a disability lawyer in Memphis, TN from Darrell Castle & Associates, it’s important to make sure that your expectations are realistic. Your lawyer can help you gather evidence and fill out forms, but they aren’t going to be able to get you benefits if you’re not eligible.
Because disability claims are so complex and applications can be overwhelming, it’s important to have an attorney who knows the process inside and out and can guide you through it step by step. An attorney can also make sure your application includes all supporting evidence and meets deadlines. If your initial claim is denied, your disability lawyer in Memphis, TN from Darrell Castle & Associates will advise you of the appeal process.
How Do I Prove Negligence Occurred In A Birth Injury?
If your disability is the result of medical malpractice, which is also known as medical negligence, you’ll need to prove that negligence occurred. When going after medical staff, you’ll need to show that the treating physician either failed to take action or took action that was unsuitable; rendered subpar care; and took actions that fall below the standard for this particular medical field. This is why you’ll need a lawyer who can work with a medical specialist and conduct a thorough investigation to verify that the care the doctors rendered was subpar, below standard, and inadequate.
Do You Have a Disability?
Different types of disabilities can range greatly from one another, which can make compensation differ as well. We can go over your disability in great detail and will need to know how long you have been disabled, if it is a medical disability that you were born with or a disability you acquired from work or someplace else, and how it affects your everyday life. You are welcome to speak with us about confidential matters that you do not want to be shared with anyone else, but by painting a picture about what your life looks like with your disability we can help a judge understand why you are filing for disability and how it will help you. Remember, you deserve to get assistance. You cannot help that you may need more help and it is the government’s responsibility to take care of the more vulnerable population. You may be scared or hesitant to file, but we can talk you through it all and help you to feel more comfortable.
What Is Accommodation?
The term accommodation refers to an adjustment in procedures, policies, or aid devices that allow a disabled person to perform a job they might not have been able to do otherwise. Examples could be additional breaks, adjusted working schedules, installing wheelchair-accessible ramps, and so forth.
Reasonable accommodation depends on how much the employers’ company might be disrupted or whether or not they could afford to do so. In general, large companies are held to a higher standard of accommodation than smaller businesses.
The Rehabilitation Act of 1973
Federal government employees are generally covered by the Rehabilitation Act of 1973. This offers similar protection as the ADA provides to employees working in the private sector. Due to the challenges government employees might face when pursuing legal action, it is advisable to retain a disability lawyer in Memphis Tennessee workers recommend as soon as possible.
How can a disability attorney help me?
An attorney who is experienced handling disability cases can help you complete the necessary claim forms. With their help, you can minimize the risk of a claim denial due to incomplete forms or errors. Many insurance companies are aware that applying for disability benefits is challenging and they may take advantage of people’s lack of knowledge to deny their claims. A Memphis disability lawyer can help you understand the strict provisions and claim requirements in your policy and comply as necessary.
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 in Memphis TN, you can protect your rights. A fair medical examination may be key to the approval of your disability claim.
How do I obtain evidence that supports my medical condition?
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.
Is it true that I may be under surveillance after submitting my claim?
Upon receiving your disability paperwork, the insurance company may photograph or videotape you without your consent or awareness. What they may be looking for is to catch you performing an activity or task that you claimed you were unable to perform due to your condition. If they are successful, the insurance company may use this footage or photograph as a reason to terminate or deny your benefits.
What is the difference between “own occupation” and “any occupation” when it comes to a disability claim form?
“Own occupation” refers to policy benefits that mean you are not able to work in your specific occupation. “Any occupation” means you are not able to work within any occupation at all. If you have any further questions or are confused about terminology in your disability claim paperwork, contact your Memphis disability lawyer.
What if my disability 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. A disability lawyer Memphis TN offers 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.
How Do You Qualify for Disability Benefits?
In order to be eligible to receive disability benefits, you must be unable to work due to physical or mental impairment, which is expected to last for at least 12 months or result in your death.
What Should I Do If My Application Is Denied?
It is not uncommon for an initial disability application to get rejected. While this can be frustrating, it doesn’t mean you have to give up. You have the option to appeal, which typically has to be within 60 days of receiving your denial letter. Your lawyer can help you file for reconsideration and include any new evidence that supports your case.
If your application is still denied after the reconsideration phase, you may request a hearing with an administrative judge. He or she may require you to answer questions, present additional evidence or provide witness testimony.
If the administrative hearing does not provide you with favorable results, you may ask the Social Security Appeals Council to look at your case.
How Much Will It Cost to Hire a Lawyer?
Unfortunately, many people don’t speak to a disability lawyer before filing for benefits because they assume they will have to pay upfront fees. However, this isn’t true. Disability lawyers actually take a percentage of your benefits at the end.
What Should I Spend My Disability Benefits On?
If your disability payments are your only source of income, it’s best to spend them wisely. Before you purchase unnecessary luxury items, make sure that your housing, utilities, food and other necessary expenses are paid for.
What Is the ADA?
A surprising number of people aren’t fully aware of their rights under the ADA when they contact a disability lawyer Memphis TN has to offer. It is even less common for people to have basic knowledge of the ADA. This is understandable, as the ADA is highly detailed. At Darrell Castle and Associates, PLLP, we provide our clients with dependable legal counsel while also helping them understand how federal laws protect their rights. With such an extensive area of law covered, it is often difficult for clients to really understand what their disability rights are. While you are welcome to speak with a disability lawyer Memphis TN can provide from our firm in person, here’s a quick look at what the ADA entails. Learn about Levels of Disability in a Workers Compensation Case.
The Americans With Disabilities Act (ADA)
The ADA was passed in 1990 in the United States. It is a civil law that prohibits discrimination against people with disabilities. This law applies to a variety of public and private services — everything from fair employment practices to public transportation access. This legislation does not provide disabled Americans with special privileges; it merely ensures that those with disabilities have access to the same services as other Americans. It prevents businesses, agencies and organizations from discriminating against people with disabilities in any way. Any citizen can be protected under the ADA if he/she has a physical or mental impairment that significantly limits a major life function or a major bodily function.
The Importance of Choosing the Best Disability Lawyer Memphis TN Offers
If you have recently suffered a serious injury, you may be wondering what exactly a disability lawyer in Memphis TN is and what kind of legal services they can offer their clients. Whether you are considering submitting a disability claim, are appealing a claim that was denied, or are filing for a reconsideration, a disability attorney can help you through the process. Below we provide information about disability attorneys, insurance policies, medical exams, and other issues that may affect the success of your disability claim. At Darrell Castle and Associates, PLLP, we are here to serve your legal needs; do not hesitate to call us with your questions or concerns.
Why You Need A Disability Lawyer
Once you’ve filed a claim for Social Security Disability benefits, the process can be confusing and frustrating. If your claim is denied or your benefits are terminated, an experienced attorney can help you understand your rights and options.
You’ll have an experienced disability lawyer in Memphis, TN on your side. A disability attorney can help determine if you have a valid claim, complete all required applications and paperwork, and present your case in the best possible light. They will also know how to interpret the Social Security Administration’s (SSA) rules and regulations in order to maximize your odds of approval for benefits.
You’ll have someone who understands the system. The Social Security disability system is complex, and there are strict rules that must be followed at every step of the process — from submitting an application to filing appeals if your claim is denied. A disability lawyer in Memphis, TN from Darrell Castle & Associates will know what needs to be done and when and make sure it gets done right the first time. Call us today. We’re here to help!
Contact a Disability Lawyer in Memphis TN Knows and Trusts
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 in Memphis TN trusts 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.
“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.”