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Social Security Disability
Disability is a legal concept, not a medical one. When a doctor considers you disabled from work, while very important, that determination does not entitle you to benefits, whether from an insurance company, your employer, the State or Federal government. In all disability matters, the most important concept to remember is that benefits are not a "right." Instead they are payments to which you are "entitled" if, and only if, you meet the requirements and criteria set down by the agency or company actually paying those benefits. In short, not only are your "entitlements" determined by someone else; those determinations are based on requirements that can, and do, differ from company to company, agency to agency and state to state.
The criteria to receive benefits varies. Frequently, it is that you are not capable of engaging in your normal occupation; other times the criteria may be that you are unable to engage in any occupation at all. Some companies and agencies define disability as not being able to perform the requirements of your usual occupation, for example, lifting certain weights or using a computer. Other companies and agencies require that you must be incapable of any work at all, even using a telephone or taking tickets at a theatre. For Social Security Disability benefits, the criteria is that you be "unable to perform any gainful employment;" which, although quite strict, does occassionlly permit you be employed part-time and still viewed as disabled.
As you can imagine, the law is very strict and quite complex as to who, when and how one is entitled to money for disability. The insurance industry and State and Federal governments do not view the situation as one where you are presumed to be entitled, rather the burden is on you to prove you are entitled. Of course, each company and agency maintains the right to have you examined, at their cost and using their doctors, to independently determine your eligibility. In most cases, demonstrating your eligibility requires proving it by wit and determination. You must use every legal means at your disposal to obtain what is rightfully yours.
Disability benefits are one of the most frustrating and difficult areas in which lawyers practice. It requires in-depth medical and legal knowledge, understanding of the numerous procedures involved, experience and determination on the part of your lawyer to win those benefits for you. We would be pleased to consult with you and assist you in determining both your eligibility and a plan to obtain those benefits for which you qualify. |
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