Qualifying for Disability
There are many applications for disability claims in the state of Louisiana and 68% of these are rejected. It is imperative for you to call a lawyer to increase your chances of being approved. A denial can be subject to appeal but the appeal process, as already discussed in our another post on Disability, is lengthy and waiting could take more than a year.
The pertinent question then is, “how do you qualify for disability?”
Of course, by due process, the employee must be eligible. He must be indeed impaired, whether physically or mentally, due to work-related accident or conditions. The disability must be medically determinable. There must be a diagnosis of an identified condition and the characterization of which must also be recognized by medical doctors. There is, therefore, thorough medical testing and observation. You can choose your own doctor but your employer may compel you to attend medical examinations by their doctor for a second opinion because it is within their right to do so. A third opinion may be needed in case of disagreements in findings. This shall be appointed by the court.
To make it simple and to reiterate, you need to prove that you have a disability due to work in order to qualify for disability benefits.
The period you are perceived to suffer from the disability must at least be long enough and is disruptive of your normal daily routine at home and at work. Usually, a year is the minimum time that the Social Security Administration requires but it is a case to case basis.
You need to protect your claim
Even if you are entitled to benefits, your employer and their insurance companies would like to minimize pay-outs as much as possible. They also have a team of lawyers that would most likely give you a hard time. You need to secure your claim. You have to assert your rights. That is what we would like to offer you-- the peace of mind that you will be protected. We will work hard with you to make sure that you get what you rightfully deserve.
Our lawyers at Workers’ Compensation LLC will give you all the information that you need to know. If you have any queries regarding your situation or your claim, you will be given answers. We will strategize with you and walk you through the process.