Denied Social Security Disability Claim: What’s Next?

If you have been denied social security disability claim: what’s next? If you are legitimately injured or disabled and feel you have been unjustly denied your social security disability benefits, your first step will be to appeal the ruling. Appeals can be lengthy processes, so you will want to file it as quickly as possible. Pursuing an appeal on denied social security disability benefits can be complicated, which is where getting SSD legal help comes in. Legal representation can help you get the benefits you need and deserve.

Three-Step Appeal Process

While legal appeal procedures vary somewhat from state to state, generally, the appeal process falls into three steps.

Step One: Requesting a Hearing with an Administrative Law Judge

After a SSD claim denial, the first step is to file a request for a hearing with an administrative law judge (ALJ). This is considered the most important part of the appeals process as it is where most claims are won. Your request for a hearing will have to be in writing or made online at the SSA.gov website. Your request will lead to you having to provide additional information regarding your disability. The hearing is an opportunity for you to present the evidence that proves you have a serious medical condition that is preventing you from working, which is why you are need of the SSD benefits.

Step Two: Appeals Council

If your claim is denied by the ALJ, the next step in the appeals process is to the Social Security Administration’s Appeals Council. This step does not involve a personal appearance; it simply involves the Council reviewing your file and the decision of the ALJ. The Appeals Council will review your request for review. The council will consider if the judge made a mistake, and you are allowed to submit new pertinent medical or vocational information that will support your claim. There are three possible outcomes from the Appeals Council: deny the appeal outright, reverse the ALJ’s decision, or send the claim back to the ALJ for another hearing.

Step Three: Appeal to the Federal District Court

If your claim is denied by both the ALJ and the Appeals Council, there is one recourse of action left available to you: appeal the ruling to the federal district court. In order to officially appeal the Appeals Council’s decision, you will have to file a civil complaint. You are the plaintiff in the case, and the defendant is the Commissioner of the SSA. If you have not already done so, this is where the help of an attorney experienced in federal court petitions should be sought out.

 

https://www.ssa.gov/disability/

https://en.wikipedia.org/wiki/Social_Security_Disability_Insurance

Delaware Injury Laws You Should Know

If you plan to file a personal injury claim in the state of Delaware, you’ll need to the help of an experienced attorney.  People file these types of lawsuits for all sorts of reasons such as car accidents, slip and fall, dog bites, and medical malpractice among many other scenarios.

Injury Laws to Know in Delaware

Whether you are planning to file a lawsuit or you’re already in the midst of one, there are a few things good injury attorneys in the state of Delaware will tell you.

There are deadlines for filing lawsuits in the state of Delaware.  In fact, there are deadlines for filing claims in each state and those deadlines may vary based on the type of situation where the injury occurred.  In Delaware, the deadline (also known as a statute of limitations) is 3 years from the date that the injury or accident occurred.

This is an important window to take note of because that is the time you have to file a claim in a civil court.  For many cases this deadline is more than enough. For example in car accidents or dog bite cases, the span of time that passes from when an accident occurs until a person feels like they need legal remedies is not that long.

In other cases like those involving negligence on the part of an entity that causes damage down the road, three years may get eaten up pretty fast.  

Shared Fault Rules in Delaware Injury Cases

In some states, the person who incurred the injury is not subject to partial fault (even if they did have some responsibility in causing their own injury).  In Delaware however, the civil courts use a comparative fault rule in cases where the injured party is found to be at least partially responsible for their own injuries.

In other words, if you were partly responsible for your own situation, then some of the blame will be placed on you and that is reflected in any damages you are eligible to recover. Using this rule, the courts reduce the amount (if any) of damages that a person receives based on their percentage share of the fault.

Claimants need to be aware of these rules before they go through with their lawsuit.  Not only will they be fully prepared for what to expect should they win but they will also be making a fully informed decision on whether it is worth their time to sue the other party.  

Special Circumstances for Car Accidents

In Delaware, when someone is in a car accident they have multiple legal rights.  For example they can file an insurance claim under their own insurance coverage or that of the at-fault driver in the accident.  They also have the right to forego filing a claim and suing the at-fault driver in court to recover damages.

Regardless of what your plans are to file a personal injury claim, these rules and procedures are something you should be aware of.  Understanding your rights and options under the law can save you a lot of headache in the future.

Vetting Attorneys for Your Auto Accident Case

An auto accident can complicate your life and put you in debt. Medical bills and car repairs are expensive, and worse, you might not have been responsible for the accident. You might already be considering hiring a lawyer, but how do you find one that’s right for you?

It can be tough, but finding a lawyer that fits your auto wreck claim will be important. You’ll need to vet the best attorney for your claim before you get started. Luckily, there are a few steps you can take to make sure you have the best attorney for your claim.

Look at Their Record

When you’re seeking the best attorney for you, check their website or search for information about them and look at the cases they’ve won. You want a lawyer with a record of successes, after all, meaning that they’re someone you can trust with your claim.

You’ll also want a lawyer with a history of getting their clients the fullest compensation possible. Their clients may have been accused of being partly responsible for the accident, and if they didn’t fight back well enough, they could lose part or all their compensation. As such, you’ll want to ensure that they get the best compensation possible for their clients.

Experience with Auto Accident Law

You should also look at their experience with car crash laws that will affect your case. For example, if they do take car accident clients, but they focus on medical malpractice, you might want to seek out someone who will give you the full attention your claim deserves.

This is especially true of states with “no-fault” laws. These claims will require a few extra steps to ensure that you’re getting the full compensation you deserve.

For example, your insurance company should offer you a settlement regardless of fault, but what if they don’t offer the full settlement you should receive, or if your injuries are especially serious? You’ll need a lawyer to help you file a claim and fight for your compensation.

Use Your Free Consult

Fortunately, you’ll have the chance to have your case reviewed and ask these questions yourself. Auto accident lawyers who offer free consultations will discuss your claim and what makes them the best option before you ever sign or pay anything.

You’ll want to make sure you have the best attorney for your claim, so speak to them before you decide. Reach out for a free consultation today and vet your potential attorneys properly.

Pretrial Diversions in Indiana

We all make mistakes, but sometimes those mistakes can land us in especially hot water. Maybe you didn’t intend to break the law, or you didn’t think it was so serious. Unfortunately, now you’ve been arrested, and you can expect this to show up on your record.

This puts you in a bad situation. A conviction can cause plenty of trouble for you, some of which can be long-lasting. You’ll need good defense attorneys on your side who can help you get a pretrial diversion and avoid serious charges that could haunt you for years after your conviction. If you’re a first-time offender, speak to your attorney about your options.

What is a Pretrial Diversion?

For those offending for the first time, a pretrial diversion can help you avoid some of the serious consequences that come with a conviction. This diversion allows you to waive certain rights to your trial. In exchange, you’ll complete a program that essentially rehabilitates the offender and shows that they won’t offend again.

For example, if you were arrested for possession of controlled substances, a pretrial diversion might focus on counseling, rehabilitation for drug abuse, and supervision over your progress. Once you’ve completed the program, you will have your charges dismissed, leaving you with a clean record.

Eligibility for a Pretrial Diversion

Keep in mind, before you ask your attorney, that you might not be eligible for a pretrial diversion. You’ll need to meet certain requirements, which includes your offense and whether you’re a first-time offender. If you were arrested for any of the following crimes, you won’t be eligible for pretrial diversion:

  • Murder
  • Offenses involving the federal Motor Carrier Safety Improvement Act
  • Driving while intoxicated  

Other elements may affect your chances of being approved for pretrial diversion. For example, violent crimes that indicate that you may be a danger to the community may bar you, even if it doesn’t fit in the above ineligible offenses. As such, you’ll need to speak to your lawyer about your options for pretrial diversion and if you’re eligible.

A Lawyer Can Help

Being arrested for the first time doesn’t just leave you concerned for your criminal record: it can be embarrassing, frustrating, and upsetting. Your first offense may be difficult to deal with, especially if you feel genuine remorse for your actions. Fortunately, pretrial diversion may be an option for you.

Start by speaking with your defense attorney about pretrial diversion and your case. They can review whether you’ll be eligible and whether it’s the best option for you. They can also help you get a pretrial diversion, so that your main concern can be getting through the program and getting your charges dismissed.

If you’re concerned about a first offense on your record, pretrial diversion can protect you from major consequences like jail time, a lost job, and many others. So, before your case goes to trial, talk to your lawyer about a diversion. It could protect your record.