Our St. Louis Long Term Disability Attorney Dispels Common Disability Myths and Misconceptions
Having a St. Louis long term disability attorney can be imperative for local area Missouri residents who are facing forced retirement. There are also many people who are still in the workforce who may already be eligible for Social Security disability benefits and not actually recognize their eligibility. While a large percentage of people who receive SSDI benefits are under 50 years of age, a significant number of these disabled individuals who are still working are about 50 years or older and could easily qualify with the help of a St. Louis long term disability attorney such as David M. Hicks representing their case. Here are a few of the myths associated with a disability ruling:
“I am not disabled yet”
Do not be so sure that you cannot win a Social Security Disability Income claim. The Social Security Administration maintains its own court system and exclusively makes disability rulings. The agency uses a litany of rules and requirements that can be used to both qualify and disqualify certain applicants. Disabilities are determined by percentage of inability to perform work duties within a range of assessments. All medical problems can be included as a component of overall health, and all health problems carry a level of disability percentage that are compounded. You may qualify with a solidly represented case by a professional disability attorney.
“I will get turned down”
While it is true that the Social Security Administration denies the vast majority of initial claims, there are many claims that are approved during the first and second appeal. Borderline claims that allow the agency to defend the claim can be more problematic. The agency is slow to make a final decision because those who qualify for SSDI are permanently ruled disabled. However, many denied applicants are still eligible for Supplemental Security Income. The process usually requires a disability lawyer to prove the disability is severe and the claimant is disabled according to SSA rules. However, SSI is awarded annually.
“I will receive more benefits by waiting until I am 67 years of age”
This assumption may not necessarily be accurate. Many individuals who receive a disability ruling before their reduced age eligibility of 62 years of age also receive a percentage increase in their monthly allowance due to the disability ruling. This means that having a disability professional handling your case is just as important if you becoming eligible by age as if filing for disability priority to automatic age certification. The difference in monthly income during the five-year period is then minimal and makes early disability retirement cost effective from an income standpoint.
“I have insurance protection at work including Workers’ Comp”
Filing a claim under a workers’ compensation situation can be frustrating. An injured victim should never attempt to handle a work injury themselves because the workers’ compensation laws allow significant protections for the employer. In addition, nearly 90% of all disability claims do not stem from work-related accidents, as many are the result of many years of tedious work or accidents that occur away from work. Short-term disability insurance for six months and long-term disability for one year are the law for most legal employers and can help, while the disabled employee is filing for a legal ruling, but this insurance protection can also be inadequate. Everyone facing a potential disability claim should plan in advance for how to proceed with the claim. Individuals with significant assets may want to weather the storm and handle the case themselves, but this is rarely a good idea for a maximized claim from all sources of revenue possible, including other insurance coverage.
Contact a St. Louis Long Term Disability Attorney
Missouri residents considering filing a disability claim should contact St. Louis long term disability attorney David M. Hicks at (314) 812-4885.