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If you or a loved one sustained injuries in a workplace accident or suffered a disabling injury or illness, you may have legal options.

The experienced and knowledgeable attorneys at Fitzgerald & Bomier, located in the Fox Cities region of Wisconsin, have helped numerous people obtain the benefits they are rightfully owed. Whether you’re having difficulty filing for workers’ compensation benefits or need guidance with the application and/or appeals process to receive Social Security benefits, our team can help.

Workers’ compensation and disability claims are often complex and time-consuming. Having a qualified disability lawyer handling your case can make the difficult legal process much less stressful. An attorney will inform you of your legal options and give you the best chance of a successful claim.

Workers’ Compensation Cases

Workers’ compensation is a type of insurance intended to cover expenses related to work-related injuries and illnesses. However, filing a workers’ comp claim is not always straightforward.

Reasons Your Workers’ Comp Claim May Be Denied

A denied workers’ compensation claim can leave you with medical expenses, lost wages, and other costs. While there are many possible reasons claims are denied, here are some of the most common:

The injury was not witnessed

In some cases, claims are denied because there weren’t any witnesses of the accident. Insurers might question the truthfulness of your claim if no one was around to attest to the incident.

The accident was not reported immediately after it occurred

In some cases, injured workers wait to report their accidents. If you don’t immediately report your accident, insurers may assume that your injury is not severe and deny you any form of benefits.

The statements given about the accident are inconsistent

Insurers will likely deny your claim if your statements about the accident don’t align. For example, if you told your supervisor how the accident happened, but explain it differently to the doctor, the insurance company might believe that you’re lying about how the accident occurred or the severity of your injuries. Inconsistent statements will, oftentimes, result in a denied claim.

Appealing a Denied Claim

There are many reasons a workers’ compensation claim can be denied, however, a denied claim does not always mean you’re not entitled to benefits. If you’re denied, you may have the option to appeal. In this case, it’s essential to have a workers’ compensation lawyer guide you through the process.

Social Security Disability

Social Security Benefits Application Form

In addition to workers’ comp claims, Fitzgerald and Bomier helps individuals who are unable to work due to a physical or mental injury file for Social Security disability benefits.  

According to the Social Security Administration (SSA), “65.1 million people received benefits from programs administered by the Social Security Administration in 2015.” If you suffered a disabling injury or medical condition that prevents you from working, benefits may be available.

There are two types of Social Security disability benefits:

Social Security Disability Insurance Benefits (SSDI)

SSDI is available for those who have paid into the Social Security system and earned enough work credits. You earn a work credit once you have made a certain amount in wages. A total of four work credits can be earned each year. For more information about work credits, visit the Social Security Administration’s website.

Another important thing to note about SSDI benefits is that your monthly income cannot exceed a certain amount set annually by the SSA. If your income surpasses that amount, then you most likely will be denied benefits.

Supplemental Security Income (SSI)  

SSI benefits, on the other hand, are awarded to aging or disabled individuals who have limited work experience, income, and resources. SSI applicants must have a monthly income less than the amount dictated by their state. Furthermore, your total resources and assets – excluding your home and your car – must be worth less than a set amount.

Whichever program you’re applying for, it is important to keep in mind that SSDI and SSI claims are often denied. Social Security disability claims involve a lot of paperwork and set deadlines. If you’re missing documents or fail to provide enough medical proof, the SSA will likely deny your claim.

However, it does not mean that you don’t have options. Many times, a denied applicant can still receive benefits through the appeals process. An attorney can help ensure you have all the necessary paperwork required for a successful claim.

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Call Fitzgerald & Bomier to Learn More About Your Legal Options

Fitzgerald & Bomier has over 35 years of experience handling workers’ compensation and Social Security disability cases. While every case is different, our attorneys have a clear understanding of the laws in these practice areas that can affect your claim.

If you or a loved one needs help filing a workers’ comp claim or applying for Social Security disability benefits, our team is here to help. We know exactly what it takes to build strong cases and fight on behalf of our clients.

To learn more about your legal options, call our disability lawyers at (920) 486-1525, or fill out our free case evaluation form. Our Fox Cities team is ready to review your case.

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