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Proving You Suffer from a Permanent or Long-Term Impairment in a Court Case

— August 24, 2022

Begin by seeking out all medical records related to your disability and reading through them thoroughly.

A disability is one of the most challenging things to prove in a court of law. This is especially true when you have a chronic or permanent disability. In many cases, this can make a person feel like they would be better off not trying to fight for what they are asking for in the courtroom because it will only come back to haunt them later. 

Ways to prove you suffer from a permanent or long-term impairment in a court case include:

The Medical Records

In most cases, you will need to be able to prove that you have had this disability for a long time. Begin by seeking out all medical records related to your disability and reading through them thoroughly. Look for any continuity or patterns regarding your condition and past treatment options. 

Testimony From Doctors, Friends, and Family

If you cannot find anything on paper regarding your disability, consider contacting the doctor who has been treating you for years. You can also ask for advice from your friends or loved ones who might better understand what this condition is doing to you daily.

Testimony From Yourself

In some cases, you will need to provide testimony or oversee the process of discovery in regards to your disability. This can be done by retaining a lawyer to assist you with the process of discovery. If you are going to be representing yourself, it is essential to make sure you can prove your disability will not help or hinder you through trial.

Through a Non-profit, Social Service Agency, or Advocate

In some cases, you may be able to assist yourself as well as others through a non-profit agency or advocate. In many cases, these agencies specialize in helping people with disabilities access various services. There are also many advocacy groups available throughout the country, and you can contact them directly to see if they can help prove your disability. 

Legal Proceedings

If none of these options prove to help prove your condition, it is possible to have your disability assessed through a legal proceeding. This begins with filing for an independent medical assessment. Once that is complete and you have been given a formal diagnosis, you can then appeal this decision and have it made permanent by filing for a claim of disability under the Canadian Human Rights Act.

PPT (Personal Planning Test)

The PPT can be used to determine if you have any further restrictions that might prevent you from moving forward with your current level of functioning. The test can provide a wide range of information for this purpose, including how long a hypothetical event should take to occur, how much time it would take to recover from that event, the amount of money spent on treatment options and their success rate, and how permanent these treatments are after the completion of their use.

Employee Assistance Plans

If you have a disability, applying for an employee assistance plan is possible. This can be done through your employer, providing you with a much-needed income replacement when you cannot work. Even though many people believe this will be the best way for them to receive disability benefits, some eligibility requirements need to be fulfilled for this process to go through smoothly.

Claim Disability Benefits Through the Government

Attorney Says He was Fired Due to a Disability
Photo by Toralf Thomassen on Unsplash

If you have a disability and are currently employed, it is possible to apply for disability benefits through your provincial government. This is a straightforward procedure and requires only a few steps to be completed. Some eligibility requirements may need to be met, but you will need to ensure you meet those.

Financial Support Programs

Some programs may be able to help with certain kinds of permanent disabilities through financial support. These can include disability pensions for people who have been suffering from a disability for a long time and are unable to work, as well as disability grants that can provide funds for medical expenses, accommodation, and other related costs.

Social Security Disability Lawyers in Moncks Corner

The law is complicated enough to make it virtually impossible to predict what will happen in any given case. We handle all kinds of Social Security Disability cases. Whether you have a disability due to injury or illness or a long-term health condition affecting your ability to work, we can help. Speak with a social security disability lawyer in Moncks Corner today.

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