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.
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.
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.
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.
The ADA requires that “reasonable” accommodations are available in the context of employment, education, and access to public services. There is no concise definition of “reasonable accommodations” as they apply to each individual situation; what is considered reasonable in one case might be extremely burdensome in another. For example, if an employer is looking to hire a worker for an office position, the employer may not turn away an applicant who requires a wheelchair. An employer looking to hire for a physically-intensive construction site position on the other hand, may legally turn away a wheelchair-bound applicant. Since reasonable accommodations vary from person to person, this area can be tricky to navigate. A disability lawyer can listen to your account and determine if you have been denied reasonable accommodations for your specific disability. If you believe you’ve been the victim of unlawful discrimination as it applies to reasonable accommodations, don’t hesitate to contact a disability lawyer Memphis TN deserves.
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.
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.
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.
Contact a Disability Lawyer 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.
Contact us at 901-327-1212 to get started. You can speak with a top disability lawyer 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.
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.
Considerations When Applying For Disability
Nobody expects the worst to happen, but if you have been in an accident or are suffering from a debilitating medical condition and are no longer able to work, you want to ensure that you can continue to support yourself and your loved ones. Fortunately in the United States, you can apply for benefits through the Social Security Administration to do just this. However, this process is very complex, and even people who meet the requirements might be ruled ineligible without the help of an experienced lawyer.
For this reason, you may want to consider hiring a disability lawyer in Memphis, TN to assist them through the process. Their specialized knowledge can result in a successful application that might have otherwise been rejected. Call Darrell Castle & Associates, PLLC today to set up a free confidential consultation. A lawyer can answer questions like:
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.
Discuss your case with a trusted disability lawyer in Memphis, TN from Darrell Castle & Associates, PLLC. Call today to set up an appointment.
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