Elkind & Shea

Quick Contact














Filing A Disability Claim: What Do You Need To Do

← Back to Articles
By Scott B. Elkind, Esq.

More often than not, people seeking disability benefits do not prepare their claims adequately. This is reflected in the high percentage of claims denied at the initial application level whether the claim is made to a private insurer, state retirement board, or the Social Security Administration.

Before filing for disability, you should establish a course of regular treatment with at least one provider. When a person suffers from multiple medical conditions, it is common for that individual to be under the routine care of several providers. Equally important to seeking proper care is developing a good rapport with your treatment providers.

The decision whether to file for disability is highly important and personal. Throughout the course of your treatment, it is important to relate the functional problems you are having to your providers. At first, this information will assist your doctors in creating a better treatment plan. Once treatment proves unsuccessful, the efforts by your physicians will serve as a strong basis for your disability benefits claim.

There comes a time when every disabled person faces the fact that he or she is unable to tolerate work on a routine and daily basis. When it comes to this point, you should consult with an experienced disability attorney to help you prepare your case. A skilled counsel will review the type of disability coverage available to you as well as the qualifications for pursing disability entitlements available under the coverage. This consultation will include a review of your current job, work history, education, accumulated skills, medical conditions, functional impairments, and many other factors which will affect your claim for disability.

Unfortunately, may disability claimants believe that simple statement from their physician indicating disability is sufficient. Even more claimants believe that a governmental agency or insurer is responsible for investigating their claim. Noting could be further from the truth. The burden of providing disability is on the claimant. Therefore, reliance on minimal evidence or the efforts of others will usually result in a claim denial.

Although initial an denials will not be fatal to your claim, it will add to your increasing stress load as you face economic impoverishment due to your interrupted income stream combined with increasing medical treatment and medication costs. Further, if you attempt to appeal a private insurance claim without skilled legal assistance, the denial may be final and you will not be able to submit new evidence later.

It is for this reason that Elkind & Shea, The Disability Benefits Law Firm was formed. Our entire practice focuses solely on helping disabled persons receive the benefits they deserve. Our experience includes success in thousands of cases, both Social Security and private insurance, from initial application all the way through federal court appeals. Please visit our website at www.disabilitybenefitslawfirm.com and you can learn about the extent of our experience while learning valuable information concerning your rights to disability benefits. What you will discover is that we have handled situations similar to yours and have the knowledge and skill to provide the assistance you require. In order to assist the disabled, we offer free, no-obligation consultations over the phone for your convenience.
Privacy Policy & Web Site Disclaimer:
We collect only the personal information you provide to us and we do not distribute it to any third parites.  Any legal information offered by Elkind & Shea, The Disability Benefits Law Firm, regarding social security disability benefits, long term disability benefits, short term disability benefits, ERISA, long term care denial and life insurance denial or other legal information offered herein is not formal legal advice nor the formation of an attorney client relationship.  All communications with counsel are confidential in accordance with the applicable Rules of Professional Responsibility which require that even consultations without retention are held confidential.