4/26/11

Disability Lawyers Help The Disabled Appeal Their Claims

By Pete Malcolm


Disability lawyers will not promise their clients that their clients will receive their award but they will promise their client that their case will be properly presented to the decision making board. Attorneys have many years of experience and are familiar with the rules and procedures set forth by the disability board. The person whose claim has been denied has a better chance of winning on appeal if he has the representation of an attorney.

The odds of winning an appeal are greatly reduced for the person who chooses to go in front of the judge without legal representation. The attorney will do everything he or she can in order to increase the client's chance of winning the appeal. Many people fail to ask for back pay because many people do not understand their rights.

Back pay is the money that the client would have received if the client's claim was approved on the initial submission. The attorney understands all of the client's rights under the awards system and knows how to ask for the client's back pay. The attorney understands the proper procedure when submitting medical records and other necessary documents so that the appeal's process can move forward in a timely fashion.

Medical records must be submitted to the appeals board in a proper and timely manner so that the court can review the appeal before the hearing. Many people who represent themselves fail to submit proper documentation or they fail to submit the records in a timely manner and have their case postponed. When a disabled person's appeal is delayed he must wait a long time before his appeal is added to the court's calendar.

The disabled person who has his case postponed will have to arrange alternative sources of income until his appeal can be approved. The postponement might not have occurred if the disabled person had legal representation. It can be a challenging and frustrating experience to try to navigate the complex appeals process without the help of a qualified attorney.

The lawyer does receive compensation out of his client's award once the appeal is approved. The attorney will receive up to twenty five percent of his client's back pay once the appeal is approved. Some might think that the attorney should not receive no more than ten percent of the client's back pay but remember that without the lawyer's help the disabled person would receive no back pay at all.

The attorney will be paid by the awards board and then the client will receive his back pay and regular payments from the awards board once his appeal has been approved. All of the paper work has to be submitted to the board in a timely fashion before the awards department makes payments. The lawyer is required to submit all necessary paper work and send the client copies of all the paper work submitted to the awards department.

Disability lawyers will not promise their clients will win their appeal but the lawyer will promise that their client's appeal will be properly submitted to the awards board. Lawyers have the required experience and are familiar with all the rules laid out by the appeals board. The person who had his claim rejected by the board stands a good chance of winning on appeal if he has a competent lawyer by his side.




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