Disability Claims: Filing For A Loved One

If you're caring for a disabled adult, getting resources can feel impossible. Fortunately, a disability lawyer can help you file a disability claim on behalf of your loved one to get them the help they need.

Here are some of the steps a disability lawyer can help you take when filing a claim on behalf of a disabled adult in your care.

The Power of Attorney

If an adult is unable to care for themselves and relies on you for basic needs, filing for the power of attorney can help you make legal and financial decisions on their behalf.

Building a Case

To prevent fraud and coercion, you must build a strong case with the courts to gain the power of attorney. If your loved one did not establish a will and/or is not able to clearly articulate their wishes, your disability attorney can work with their health care provider(s) to build your case.

Mental Health Diagnostic

This process involves a mental health diagnostic evaluation to establish your loved one's mental capacity and ability to make rational decisions. If the mental health provider deems that your loved one lacks the mental capacity and/or the ability to make rational decisions, they will provide an affidavit to the court to request the selection of an individual or organization for in loco parentis.

Establishing the Right of Care

Even after you've substantiated the need for long-term care, you must also prove that you're the best person to provide the care. Depending on the case, you might need to provide testimony from relatives, friends, or neighbors. If these individuals can corroborate your argument, the court can grant you the power of attorney.

Making a Claim

Once you obtain the power of attorney, filing for disability is relatively straightforward. Your disability lawyer can help you make sure the application is correct the first time and you optimize your disability benefits.

Social Security

Long-term social security disability claims can provide a stable financial baseline for the remainder of your loved one's life. Because long-term social security disability claims require both financial and medical stipulations, your disability claim lawyer can help you gather all the documents you need. In most cases, the most recent W2's, bank statements, and medical charts can provide most of the proof you'll need for the application. A disability claim lawyer can also help you get the application notarized and filed in the most expedient way possible.

Contact a person like Scott E. Shaffman Attorney At Law to learn more.