The process of applying and being approved for disability benefits requires legal finesse, commitment, and emotional and mental fortitude. It can often take months or years for many applicants to finally win their cases so it’s important to choose a lawyer to help you in your quest for justice. Learn more about the three most common reasons to call an experienced disability lawyer if you were denied disability.
1- Filing an Appeal
If the judge denies your disability petition, you can file an appeal and request the court to hear your case again. However, you may only have a certain amount of time to file an appeal. If you wait too long, you might have to start over and file a brand-new case.
When you hire an attorney, you can meet this important deadline for filing the appeal. Your lawyer will also know what paperwork to file with the court and to what court clerk to send the documents. If the court agrees to reconsider your case, the clerk will schedule a new date and get your case on the court’s docket.
2- Submit New Evidence
If the judge denied your disability on a lack of proof of your illness or injury, you must submit more evidence to back up your argument. This evidence can include reports from your doctors, letters from a psychiatrist, records of your pharmaceutical regimen and perhaps even video or pictures of your disability or injury.
Your lawyer may also call witnesses who can corroborate your argument. For example, if you are under the care of an at-home nursing service, you could have your at-home nurses testify that you cannot walk without assistance, lose your balance, cannot see or hear well or otherwise function independently. The testimony from these witnesses could sway the judge to rule in your favor.
Your lawyer can determine what evidence will benefit your case. He or she can also secure it on your behalf to spare you the time and effort.
3- Representation in Court
Your attorney will also represent you in court. When you already have a physical or mental illness, you may find it overwhelming to face a judge and answer questions in court.
You might fear saying or doing the wrong thing. You may also have no idea of how to answer the questions because you lack legal knowledge and skills.
Your lawyer can answer most or all of the questions on your behalf. He or she can also present a solid and convincing argument to the judge. Lawyers who practice in this area of law have the confidence and assertiveness to represent clients and spare people the distress of having to argue for themselves in court.
These three reasons highlight just a few of why you should contact a lawyer if a judge denies your disability case. You gain a critical legal ally who can argue for and represent you in court.
Your legal team can also secure beneficial evidence to present to the judge. You can likewise file an appeal to ask the court to hear your case and reconsider its ruling.
