How could we fight a denied disability case? 12 Answers as of September 11, 2015

My mother has been denied her disability through her work because an in-house doctor says she has to. He hasn’t met with her and 3 doctors she sees including a therapist, heart doctor, regular doctor all agree she shouldn’t return to work. Does she have a case here to get her disability?

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Havens & Lichtenberg PLLC
Havens & Lichtenberg PLLC | Michael Lichtenberg
Opinions of your mother's doctors are medical opinions, and disability is a legal concept. The doctors who treat your mother are trained to diagnose illnesses and treat them. The in-house doctor is trained to read the reports, check them against the agency guidelines, and decide whether the case fits into the legal parameters of disability. It does not mean that the in-house doctor is necessarily right, and you can fight against the determination. Before you can take the case to court, you have to do an appeal within the agency. Your mother was (or will be) given instructions for filing an appeal, but you really should think about retaining an attorney who specializes in disability law. Such specialist would evaluate the case and advise you whether your mother should do the appeal or a new case should be started instead. Whatever needs to be filed would be better prepared and have higher chances of success. Having an attorney at the hearing of your appeal before the administrative law judge can change the outcome of the case. And many of disability law attorneys work on contingency (which means that they get paid only if they win the case).
Answer Applies to: New York
Replied: 9/11/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
The question makes no sense. If your mother is seeking benefits under her STD or LTD plan at work, she needs to consult an employee benefits attorney ASAP. If her injuries were sustained at work, she needs to contact a Workers' Compensation attorney ASAP.
Answer Applies to: Illinois
Replied: 9/10/2015
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
You need to hire counsel immediately to assist you with this matter.
Answer Applies to: Florida
Replied: 9/10/2015
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
You will need a local lawyer to help you. Most claims are denied the first time around. Look for an attorney whose focus is Social Security Disability Law. Look at attorney websites, also look at AVVO for reviews to see what former clients are saying about the help they received from the lawyer you are considering.
Answer Applies to: West Virginia
Replied: 9/10/2015
Law Offices of George H. Shers | George H. Shers
Are you speaking about on the job injury disability [Workers' Compensation], state disability, social security Disability, or what? ?The rules vary among the systems and vary from state to state except for SSI. Please re-post with the additional information, what your mother is trying to get [time off work, disability retirement, etc.], why specifically the employer's Dr. is refusing to agree [sounds like WC] and what right they have to be involved in the decision, etc.
Answer Applies to: California
Replied: 9/10/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    It is possible that your mother may have a case, particularly if there are medical professionals that agree that she should not return to work. Your best course of action would be to call an attorney that handles accident cases to see what your options are.
    Answer Applies to: Illinois
    Replied: 9/9/2015
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