The Challenge of Filing a Disability Claim
Filing a disability claim is challenging and frustrating. Most people who apply for benefits get turned down the first time. People have to jump through hoops to prove that their condition makes it difficult for them to obtain gainful employment. Sadly, most people encounter many obstacles along the way, and that’s why legal help is needed.
Filing for disability insurance requires a qualified attorney who is willing to fight for individuals. Kelly Disability Law handles claims for disability insurance in Oakland, CA.
How Do You Define Disability?
Disability refers to an impairment, mental or physical, that prevents someone from doing tasks of daily living. This impairment can be a long-term illness or injury that prevents someone from obtaining substantial, gainful employment. Disability may result from a workplace injury, a recent surgery, or an illness.
What Counts as a Disability Under California Law?
Under California law, the definition of disability has expanded to include pregnancy, childbirth, and elective surgeries. Criteria also includes anxiety that impacts a person’s ability to work.
Disability insurance in Oakland, CA requires applicants to file claims online or by mail. Claimants must complete an unpaid waiting period of at least one week and have a minimum of $300 in taxable income. These wages must occur over a one-year employment period and must be subject to SDI deductions. A disability must be documented by a qualified physician.
What Happens When a Claim is Denied?
Most claims get denied at least once. Claimants can seek legal services to file an appeal. Sometimes an appeal is denied, and that’s normal. Claimants have the right to a fair hearing, where a judge will hear all evidence.
Good legal representation is vital in all stages of the application process. Contact Patrick J Kelly Law Office today.