Many applicants experience a disability claim denial at their first hearing. It doesn’t matter how much the evidence points to a genuine disability or even if the disability is physically evident in the courtroom. When a disability case is denied, the applicant will usually get a letter in the mail from their insurance company.
It’s estimated that up to 70 percent of cases are denied the first time. When this happens, most people do one of two things. They either give up on claiming a disability entirely or apply again from the beginning of the process. On the other hand, those who continue to fight, through using a good Toronto disability lawyer, tend to get more positive results.
Getting approved for disability after being denied requires legal expertise. The best resource to fight a disability case is a skilled and experienced disability lawyer. It’s also important to find a lawyer as soon as possible.
Any appeals on an initial decision about disability benefits must be made within sixty days. If you don’t know what to look for in a disability denial lawyer, here are several tips to help you find the right legal representation.
Experience is probably the most important factor in finding a disability advocate. Legal expertise can help your case because an experienced lawyer understands how to approach the appeal process and what a judge will consider in an appeal hearing.
You will want to look for an attorney or law firm that specializes in disability and denial claims. An attorney who has tried hundreds, if not thousands, of cases will have a better understanding of the legal process and what it takes to get a denied case overturned. An attorney may determine that additional medical records or evaluation is needed to strengthen your disability case.
2. No Upfront Fees
If you’ve become disabled to the point that you can no longer work, paying for legal help can be a challenge. Look for a firm or attorney who requires no upfront fees.
Many disability lawyers who specialize will not take a fee if your case isn’t won. A skilled lawyer will also be able to determine how likely it is that your case appeal will have positive results.
Most experienced disability denial lawyers will take a percentage of the client’s award when benefits are granted and finally paid to the client. They can do this because in most cases, the applicant who is ultimately awarded disability benefits will have several months of benefits awarded in the initial payment.
Accessibility is another point to consider when choosing an insurance denial lawyer. Some firms or lawyers may take on so many cases that they don’t have time to provide a lot of individual attention. That doesn’t mean you should look for someone else. Legal assistants and other legal staff can also answer questions and explain some of the processes involved in filing an appeal for disability benefits when they’ve been denied initially.
If a legal assistant or an attorney doesn’t return an inquiry call or email within a reasonable time, you may want to consider calling another qualified lawyer or firm. These days, many lawyers take on partners so that they can take on more clients with disability denial cases and continue to provide a certain level of personal attention to client cases.