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The Importance of Seeking a Lawyer’s Help for Children With Disabilities

January 25, 2024

The Importance of Seeking a Lawyer’s Help for Children With Disabilities

January 25, 2024

As a parent, having a child with a disability can be challenging. Caring for their needs while ensuring they have access to the proper education and medical care can sometimes feel overwhelming.

Fortunately, the Social Security Administration (SSA) provides disability benefits that can significantly support your child's needs. However, navigating the system and accessing the available benefits can be complicated and stressful. That's why it's essential to seek the help of a lawyer experienced in children's disability benefits.

Understanding Your Child's Eligibility for Benefits

A lawyer can help you understand your child's eligibility for disability benefits and the requirements you'll need to meet to receive them. They can help you assess your child's medical condition and demonstrate how their disability affects their ability to function in daily life. A lawyer can also guide you through the complex legal jargon used in the application process and ensure that the necessary documents are completed accurately.

Deal with Administrative Hearings and Appeal Processes

When an appeal is required in the event of a denied application, a lawyer can help you navigate the administrative hearing process. They will represent your child's interests in the hearing and argue your case, ensuring your child has the best chance of getting the necessary benefits.

Hiring a lawyer gives you access to representation to attain your child's future needs. In addition to that, they can also provide valuable insights into the appeal process, offering guidance on the necessary steps to take and enlightening you on what to expect throughout the entire process. Their expertise and knowledge can be instrumental in helping you navigate through the intricacies of the appeals system and increase your chances of a successful outcome.

Navigate Legal Issues That May Arise

Legal issues are often part of the disability benefits application process. A lawyer can help guide you through these legal issues and ensure your child's rights are protected through the entire application process.

Parents can rely on them to ensure that their child is not ignored at any stage of the process. Their expertise and dedication can provide the necessary support and advocacy to safeguard the rights and well-being of your child, promoting a safe and inclusive environment for their growth and development.

Avoid Overpayment and Financial Penalties

Disability benefits are often complex and involve many intricacies. Unfortunately, for parents, it can be easy to make mistakes that lead to overpayments and financial penalties. That's why it's essential to have a lawyer on your side. A lawyer can advise you on the legalities of the disability benefits process and guide you through the application process correctly, ensuring that you do not make mistakes that could have long-term financial consequences.

Navigating the disability benefits system can be overwhelming, but with the assistance of a lawyer, it doesn't have to be. A lawyer can help you navigate the complex regulations regarding children's disability benefits, expedite the application process, and even represent you during legal hearings.

This ensures that your child receives the best chance of getting the required benefits without the unnecessary stress and financial strain you may experience on your own. If your child needs disability benefits, seek the assistance of a lawyer from our legal team experienced in children's disability benefits.


Navigating Workers' Compensation in Des Moines, IA: A Comprehensive Guide

July 26, 2024
In the heart of Iowa lies Des Moines, a bustling city where industries thrive, and workers contribute to its vibrant economy every day. However, with work comes the potential for workplace injuries, and understanding your rights and benefits under Iowa's workers' compensation system is crucial. Whether you're an employee, employer, or simply curious about how the system operates, this guide aims to provide clarity on navigating workers' compensation in Des Moines, IA. What is Workers' Compensation? Workers' compensation is a form of insurance that provides wage replacement and medical benefits to employees injured in the course of employment. In Iowa, this system is designed to ensure that injured workers receive prompt medical treatment and financial support while protecting employers from lawsuits related to those injuries. Key Aspects of Workers' Compensation in Iowa 1. Eligibility: Most employees in Iowa are covered by workers' compensation, regardless of whether they work full-time, part-time, or seasonally. Independent contractors typically do not qualify for workers' compensation benefits unless specific criteria are met. 2. Covered Injuries: Workers' compensation covers injuries that occur while performing work duties, including accidents on company premises, injuries from lifting heavy objects, repetitive strain injuries, and occupational diseases. 3. Benefits: Medical Treatment: Covers all reasonable and necessary medical treatment related to the work injury or illness. Lost Wages: Provides compensation for a portion of lost wages if the injury causes temporary or permanent disability. Permanent Disability: If the injury results in permanent impairment, workers may receive additional benefits based on the severity of the disability. 4. Filing a Claim: Report the injury to your employer immediately or as soon as reasonably possible. Your employer should provide you with a First Report of Injury form to complete. File a claim with the Iowa Division of Workers' Compensation if there are any disputes or if benefits are denied. 5. Dispute Resolution: Disputes regarding benefits or claims are resolved through the Iowa Workers' Compensation Commission, which oversees hearings and decisions related to workers' compensation cases.

Workman’s Compensation in Iowa: A Guide to Securing Your Rights After a Workplace Injury

February 6, 2024
In Iowa, understanding the process of filing for workers' compensation benefits is crucial for those who have been injured on the job. Read to learn more.

The basics of a bad faith claim

February 17, 2023
On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims If you’ve been injured on the job in Iowa, then you’re probably finding yourself overwhelmed. You might be struggling to ease your pain, and it might be worrisome to say the least to think that you’ll no longer have an income on which to support yourself and your family. Of course, you might take relief in the fact that you might be entitled to workers’ compensation benefits, but what happens when an insurance company keeps brushing you off to avoid paying out? If this happens, you shouldn’t continue to sit back and wait for the money to which you are entitled. In fact, you may be able to pursue a bad faith claim . Under the law, insurance companies are supposed to act in good faith and act reasonably when it comes to processing claims. When insurance companies act unreasonably and fail to pay benefits , then a bad faith claim may be justified. Generally speaking, to prove a bad faith claim you have to meet two legal elements. The first is that your claim for benefits was valid despite the claim being denied. Second, you must show that the reason why the benefits are being withheld is unreasonable. This usually requires an intentional bad act on the part of the insurance company, such as misrepresenting facts, failing to explain reasons for claim denials and failing to have reasonable standards related to the investigation of claims. Bad faith claim lawsuits can be quite challenging. It is often difficult to prove intentional wrongdoing, and insurance companies are often represented by teams of experienced and aggressive attorneys. This shouldn’t frighten you into inaction, though. Instead, it should motivate you to find the help you need to fight for what you deserve.

Examples of employer and insurer bad faith

February 17, 2023
On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims Being injured on the job is no small thing. It can leave you with extensive pain that can last for weeks or months, and it can leave you facing financial uncertainty as you struggle to find a way to pay medical expenses and make up for lost wages. This is where a workers’ compensation claim should help. Sadly, far too many Iowa residents find themselves struggling to work with their employer and their employer’s workers’ compensation insurer. This can cause claims to stagnate and financial uncertainty to grow. The good news is that an injured worker may be justified in taking legal action against these parties when those parties are acting in bad faith. As we discussed previously on our blog, a bad faith claim can be successful if it can be shown that the initial claim was likely to be successful and the reasons for withholding the benefits is unreasonable. But how do you figure out what is unreasonable? It helps to look at some examples. Obviously, unreasonable delays can constitute bad faith . Generally, claims should be assessed within 60 days. Sometimes employers and insurance companies misstate the law or engage in deceptive practices. Other times insurance companies simply refuse to pay valid claims, or they make threatening statements to avoid a claim being filed. Each of these acts could serve as the basis for a bad faith claim. If you’ve been injured on the job while performing your job duties, then you may be entitled to pursue workers’ compensation benefits. When employers and insurance companies illegally interfere with these benefits, additional legal action may be justified. To learn more about this area of the law and how it might apply to your situation, consider discussing the matter with a professional.

Workers’ compensation being withheld? Bad faith may be to blame

February 17, 2023
On Behalf of Schott Mauss & Associates, PLLC | Bad Faith Claims Individuals who work in Iowa shouldn’t have to fear for their financial stability in the event of a workplace injury. After all, most employers are required by law to carry workers’ compensation insurance. This means that those who are hurt while performing their job duties should be able to secure workers’ compensation benefits in a timely fashion to help offset their lost wages and medical expenses. Yet, far too often insurance companies delay paying out on valid claims. For many injured workers, these delays can be financially devastating. They may be put at risk of losing their home and vehicles, and their medical bills may wind up in collections. It may even be challenging for these workers to put food on the table. Some are even forced to turn to high interest loans to make ends meet, which, in turn, can initiate a debt spiral that is difficult to escape from. Fortunately, legal action can be taken against insurance companies that mishandle claims. Known as bad faith claims, there are many facts that can give rise to this type of legal action. However, each of these factual situations generally result in the breach of some duty owed to a worker. These duties typically include the duty to investigate the claim. In conjunction with that, insurance companies should provide a reason why a claim is denied, and the determination of a claim cannot be unreasonably withheld . So, Iowans who have been injured on the job need not sit back and accept whatever an insurance company offers them. Instead, they can be proactive in the claims process by trying to understand the insurance company’s actions or inactions. Those who feel that their benefits are being unreasonably withheld or denied without reason, including inadequate investigation of the claim, may have a successful bad faith claim .

Workers’ comp death benefits for surviving families

January 26, 2023
For some workers in Iowa, their occupations are so hazardous that death is a risk every day they go to work. Although these employees are aware of the risks they face, they never truly expect to lose their life performing their job duties. However, the families of these workers could receive workers’ compensation death benefits

Worker hospitalized after becoming trapped in a trench

January 14, 2023
On any construction site in Iowa, there are a lot of potential hazards. From tools lying on walkways to heavy machinery, workers face dangers on every job site. Even though injuries are commonplace for those who work in the construction industry, those injured can take advantage of workers’ compensation benefits to keep them financially afloat

3 things to know about children’s disability benefits

January 11, 2023
If you are an Iowa parent or legal guardian of a child with special needs, you no doubt understand how challenging it can be to get your son or daughter the care and treatment that he or she needs to function on a daily basis. If you have a child with autism, Down Syndrome, cerebral

Common hazards seen on job sites or in the workplace

January 1, 2023
Accidents are going to happen no matter how safe a workplace or job site may seem. Workers can unexpectedly end up tripping, falling or suffering lacerations and muscle strains. For those who work in high-risk industries like construction or manufacturing, it’s not uncommon to be seriously injured by workplace hazards. Here are a few hazards

OSHA investigation launched after worker killed

December 15, 2022
Most Iowa residents depend on salaries from their jobs to support themselves and their families. Many here work in high-risk professions, so getting injured or even killed on the job is a real possibility. When a person suffers an injury while working, the injured employee can use workers’ compensation benefits to help stay afloat while
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