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When involved in a serious auto accident, the last thing someone wants to think about is answering questions and filling out paperwork but completing an application for personal injury protection benefits, signing medical and employment authorizations, and submitting No-Fault claims in a timely manner is critical to your receiving the No-Fault benefits you deserve. Failing to file an initial application for No-Fault benefits within one year from the date of your auto accident can result in a complete bar in recovering of any No-Fault benefits. Insurance companies look for any excuse to limit their exposure and pay out less benefits. Do not give them any added ammunition to deny your benefits.
Documenting, documenting and documenting everything is key to your recovery of No-Fault benefits. Asking for help from friends and family members in keeping up with the paperwork while you are focusing in on treatment and getting back to your old self is perfectly acceptable so long as the accuracy of the documentation is maintained.
Clients frequently ask me if they should continue to document and submit claims even after the insurance company has suspended their No-Fault benefits – the answer is YES. If a lawsuit is filed on your behalf and benefits are then in dispute, this documentation is essential to proving your case. Your injuries and treatment of course should be your number one focus on the road to recovery however documentation and timely submission of claims is also very important and essential to the successful pursuit of your No-Fault benefits.
First, do you have a disabling medical condition that has lasted or is expected to last for 12 months or longer or is likely to result in death?
Next, is this disabling medical condition preventing you from working?
And finally, do you have enough work credits?
Social Security Disability is an insurance program that you have been paying into during the years you have worked so that it will be there for you during retirement or alternatively as a financial safety net should you become disabled and unable to work before the age of retirement.
Do not worry if you do not have a strong work history due to your medical condition(s), age or other reasons. You may be eligible for another form of disability called Supplemental Security Income (SSI). SSI’s eligibility requirements are slightly different from SSD, however.
SSI is a Federal Income Supplement Program designed to help disabled individuals who are either over age 65 years, are blind or have limited income and resources. To qualify for SSI, generally you must have a medically determinable physical or mental impairment that prevents you from performing “substantial gainful activity” (full-time work or work that earns you $1,070.00/month or more) and has lasted or can be expected to last for 12 months or longer, or result in death.
Disabled children can also receive SSI. For children to qualify for SSI, they must have a medically determinable impairment that lasts or can be expected to last the requisite 12 months or longer and results in marked and severe functional limitations. A child’s parents’ income is also considered when making a decision to determine whether the child has limited income and resources.
In summary, to establish that you meet the Social Security Administration’s criteria for one of their two disability programs, the most important thing you can do is treat, treat and treat some more with your medical professionals monitoring and treating your medical condition(s). Medical documentation of your disabling medical condition(s) is invaluable to your case. We order all necessary medical records from your treating physicians and provide them to the Social Security Administration ensuring the claims worker or Administrative Law Judge has the necessary tools to find you meet the medical criteria for disability.
To determine whether you qualify for Social Security Disability, call us today for a free consultation. Let us take the guess work out of applying for Social Security Disability or appealing your denial. We will perform a step-by-step case analysis, schedule an appointment with you and immediately file your application for disability online or (if you have already been denied), file your appeal online.
I’ve practiced law for over 22 years and now specialize in what is known as premises liability, or what most people call slip/trip and fall cases. Through the years I have watched the law in our state swing to an extreme in terms of favoring property owners and the insurance companies that defend them.
Hopefully, no one who reads this blog will ever suffer a serious injury from a fall. However, if you do there are few simple things you absolutely must do to preserve any real possibility of pursuing a claim against the responsible parties.
The insurance companies typically defend cases involving falls by arguing a lack of notice of the hazard’s existence and claiming the hazard was open and obvious to you so you should have avoided the fall entirely. I will address the definitions and intricacies of these two defenses in a later blog. For now, I want to provide a few helpful tips to protect your rights in these situations.
These things may seem obvious but when you are in pain, excited, or angry, little things like these seven tips can determine whether you receive financial compensation for your injuries or a dismissal of your case.