About four percent of legal immigrants receive SSDI. The remaining 96 percent, on the other hand, can not access these subsidies, despite being able to prove their disability. And being an immigrant and disabled leads, in many cases, to social exclusion, but what can be done about this?
In many cases, legal immigrants can seek disability attorney services Baton Rouge LA, experts say. The main obstacles are the language barrier, but above all, the legal situation. However, several state courts have ruled that immigrant workers, whether undocumented or legal, have the right to claim compensation payments, including disability payments if they are injured at work.
Most state laws say that the legal status of a worker can not disqualify him from workers’ compensation or disability coverage. According to Social Security:
For an individual to receive benefits, 1) he must have worked long enough to qualify, 2) have been authorized to work legally at some time, and 3) receive legal status for the duration of the benefit. Attorneys say that although many workers are contributing thousands of dollars to Social Security, they are being denied benefits if hurt on the job.
Appealing A Denial Of Benefits
The Social Security Administration often denies disability claims during the first round. In fact, those first claims submitted for disability benefits always have always had a low approval rate. But just because there’s a large percentage of denials, says most attorneys, doesn’t mean disabled workers should stop fighting. These denials can be appealed.
Giving up can be a costly mistake. A claim that was initially denied could still be approved after further review, or workers can request a formal hearing. Baton Rouge attorney’s say if your disability claim is denied, filing an appeal is another alternative.
The next action to take after a denial is to ask for a reconsideration of their decision. But lawyers point out that you cannot wait because this action must occur no later than sixty days of receiving your notice of denial. If you fail to meet that deadline you’ll probably be required to restart your SSDI application all over again.
The appeal involves having another disability specialist review the application. The good news is that this is not the same person who denied the initial request. So, this next phase will give you the chance to remedy issues that may have played a role in your initial rejection. You will be able to strengthen your argument during the reexamination of your claim by including additional information.
A disability attorney can take a look at the disability claim, and offer suggestions on ways to diminish the reasoning that may have brought about the denial of your claim.
Appealing To An Administrative Law Judge
If there is yet another rejection, there is another phase which includes requesting that an administrative law judge hear your case. The process can be quite lengthy, often taking more than a year to appear before a judge. At this stage, you will have the opportunity to present evidence that supports your claim for disability benefits. This also provides you with an advantage to speak on your behalf, face-to-face, with the judge, who can make the final decision.
There are several options when immigrants are denied a disability claim. However, having the experience of a disability lawyer by your side can help navigate this complex process.