when to hire long term disability attorney

If you have long-term disability (LTD) insurance and become unable to work, you should hire an experienced LTD attorney as soon as possible to maximize your chances of success. Filing a long-term disability claim, especially when you have employer-provided group coverage, is a process fraught with danger for the unrepresented disability applicant.

Full Answer

When should I hire a disability lawyer?

To level the playing field against a large insurer, it makes sense to hire a disability lawyer. If you've been injured or become ill and can't work, and your long-term disability (LTD) insurance company denies you benefits, it's in your best interests to get an attorney.

What can a long-term disability attorney do for me?

What Can a Long-Term Disability Attorney Do for Me? 1 Preparing Your Claims File for a Lawsuit. One provision that frequently catches applicants by surprise is that, in a lawsuit against your insurer, you're generally prohibited from introducing new evidence. 2 Hiring Vocational Experts. ... 3 Acting as Your Representative. ...

Why hire an ERISA lawyer for a long-term disability claim?

A lawyer experienced with long-term disability claims will know how to abide by the ERISA rules and help you succeed, especially in the following areas. One provision that frequently catches applicants by surprise is that, in a lawsuit against your insurer, you're generally prohibited from introducing new evidence.

When should I contact a limited liability company attorney?

As soon as you become unable to work, contact an LTD attorney to discuss how you should proceed. An attorney will generally give you a free consultation or case evaluation over the phone or in person, so there's nothing to lose.

What can you not say to long term disability?

Talk about your disability as much as you want but never discuss a family member's illness. You don't want the disability claim examiner to assume you need time off work to care for someone else or that you are caring for anyone else including grandchildren.

Is it worth taking long term disability?

"This is a really critical safety-net benefit," says Rich Fuerstenberg, a senior partner at human resources consultant Mercer. If you become disabled because of accident, injury or illness, long-term-disability insurance typically pays 50 percent to 60 percent of your income, while you're unable to work.

What is the term of time needed to obtain long term disability?

In order to be deemed disabled, you must have a medical condition that meets the Social Security Act (SSA) definition of disability, which is “having an illness or injury that is expected to last at least 12 months or if your condition may be considered terminal.”

What are the benefits of long term disability?

Long term disability typically pays benefits equivalent to 40-70% of your income, but for a longer period. To decide how what level of coverage you would need, calculate your monthly expenses, and consider additional medical bills you may have to pay if seriously sick or injured.

Can I retire while on long term disability?

The eligibility rules when transitioning from Long-Term Disability (LTD) to retirement are the same as if you were still working; you receive the same years of service credit while a participant in the LTD plan. If you meet the Rule of 75, including the time you were on LTD, you are eligible for retiree benefits.

How does long term disability work?

Long Term Disability (LTD) Insurance provides financial assistance when a covered plan member is unable to work due to an accident, illness or injury that prevents them from completing the duties of their own occupation. Depending on the nature of the disability, the benefit can provide income replacement up to age 65.

What are some examples of long term disability?

A few of the medical conditions that may qualify for long-term disability benefits include:Bipolar disorder.Cancer.Chronic fatigue syndrome.Crohn's disease.Degenerative disc disease.Fibromyalgia.HIV/AIDS.Lupus.More items...•

What medical conditions qualify for disability?

What are the top 10 conditions that qualify for disability?Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. ... Heart Disease. ... Degenerative Disc Disease. ... Respiratory Illness. ... Mental Illnesses. ... Cancer. ... Stroke. ... Nervous System Disorders.More items...•

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

What is the 5 month elimination period for disability?

This means that the Social Security Administration (SSA) will withhold five months of an approved claimant's benefits before starting monthly payments (or, more likely, before calculating back payments owed to the claimant, since it takes so long to get a disability approval).

What is core long term disability?

Monthly Benefit This long-term disability plan is a “core/buy-up” plan. “ Core” benefits offer a basic level of income. protection, and are paid for by your employer.

How is long term disability insurance calculated?

Calculating Benefit Payment Amounts. Your Weekly Benefit Amount (WBA) depends on your annual income. It is estimated as 60 to 70 percent of the wages you earned 5 to 18 months before your claim start date and up to the maximum WBA. Note: Your claim start date is the date your disability begins.

What Can A Long-Term Disability Attorney Do For Me?

Employer-provided group LTD insurance is governed by ERISA, the Employee Retirement Income Security Act, a federal law that provides for very speci...

When Should I Hire An Attorney?

It's never too early to hire an attorney to represent you in your disability case. As soon as you become unable to work, contact an LTD attorney to...

How Much Will An Attorney Cost Me?

Most disability attorneys handle LTD cases on a contingency fee basis, typically charging between 25% and 40% the past-due benefits that the insura...

Finding A Long-Term Disability Lawyer

It's essential that you find an attorney with experience handling LTD cases rather than a general practitioner who will have to learn ERISA law on...

What does it mean to have an attorney on your side when you have a claim denied?

After your claim has been denied: A denied claim is not the end of the road. An attorney can explain you rights and pursue the outcome you deserve.

Can you contact Darras Law for a free consultation?

For a free consultation and policy analysis with DarrasLaw, you can be sure your claim is on the right track. Contact us anytime if you are ready to pursue the long-term disability benefits you are entitled to.

Success may depend on reliable advice from the outset of your claim

Long term disability is a serious matter, and unless you can secure disability insurance benefits, your future could be in jeopardy. Unfortunately, many sick or injured parties don’t give enough thought to the consequences of a denial to their claim before they file.

Reasons to consult a long term disability insurance attorney

When deciding whether you need an attorney for your initial claim filing or your appeals, there are several things to consider:

Contact our Fort Lauderdale legal team for your long term disability claim

Before you submit your long term disability insurance claim, learn more about how our experienced legal team can help. We deliver excellent client service, and there are no upfront legal fees. To schedule a free consultation, call us at (866) 233-5044 or contact our office online.

Why do long term disability insurance companies have a vested interest in the outcome of LTD claims?

Long-term disability insurers have a vested interest in the outcome of LTD claims, because the more disability claims they approve and pay out, the less financially healthy their bottom line is. And the fewer long-term disability cases they approve, the greater their profit margins will be. Here's why it makes sense to hire a long-term disability ...

Can you win disability if you don't know your insurance?

LTD insurers count on the fact that you probably won't know their rules and procedures and, as a consequence, will have a more limited chance of fighting to win your disability benefits, despite the fact that you or your employer have dutifully paid the premiums for your disability benefits.

Can you add additional records to your LTD?

An LTD company will not tell you that, by the time an administrative hearing is to be held on your disability claim, your record will be "closed," meaning that you can't add additional records to your file.

Is the internet secure?

The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. If you've been injured or become ill and can't work, and your long-term disability (LTD) insurance company denies you benefits, it's in your best interests to get an attorney. Unlike a disability claim with ...

Does the insurance company tell you this at the beginning?

The company doesn't tell you this at the beginning, because if it did, you would try to ensure that all possible medical evidence that supports your claim is in the file before the hearing, including by asking your doctors to submit supporting information on your behalf.

Do you have to give consent to a text message from Martindale-Nolo?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply.

Can you text Martindale Nolo?

Yes. No. --Select an answer-- Yes No. Get FREE Evaluation. By clicking “Submit,” you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided. Messages or calls may be sent using an autodialer or other automated technology.

What Are Disability Insurance Benefits?

Disability insurance benefits protect your income in the event you become disabled and can no longer work. While many employers offer disability benefits to their employees, some do not.

What Laws Apply to Disability Insurance Benefits?

If you work for a private-sector employer that offers disability insurance, your benefits are likely governed by the federal benefits law called the Employee Retirement Income Security Act of 1974 (ERISA). If you work for a government or church-related entity, then your benefits are exempted from ERISA coverage.

Do You Need an Attorney to Seek Disability Insurance Benefits?

You do not need an attorney to file for disability insurance benefits. You should be able to request and obtain the claim forms from your employer or insurance company on your own. Although legal counsel is not necessary to begin the application process, it may still be prudent to hire counsel as soon as you begin to consider filing a claim.

Should I Hire an Attorney If I Am Denied Disability Insurance Benefits?

If you decide to apply for disability insurance benefits on your own, but your claim is denied, or your benefits are later terminated, then you should consult with a lawyer as soon as possible. If your disability benefits are denied or terminated, then you will likely need to submit an appeal to the insurance company and/or plan administrator.

Will I Be Awarded Disability Insurance Benefits If an Attorney Represents Me?

Hiring counsel to represent you while you are seeking disability insurance benefits can maximize your chances of getting your claim approved because experienced benefits counsel can advise you through every step of the process, educate you on the specific terms of your plan, and familiarize you with the business practices of the large insurance companies.

What is the number to call to apply for disability?

If you cannot work and need to apply for disability benefits, let us help you with your application process. Call us at (866) 642-4529 to schedule a free consultation and learn more about applying for disability benefits with the SSA.

What happens if you don't get disability approval?

If you do not receive approval in the first stage, you’ll move onto the second. In this stage, you’ll have to appear in a hearing. You’ll benefit from having a legal representative during this disability hearing .

What is the first stage of appeal?

The first stage of appeals is reconsideration. For this stage, you won’t need to submit any new material. Instead, someone new will review your original application and determine if the first decision was incorrect.

Where does Martha live?

She studied politics in her Bachelor’s Degree and continues to be involved in legal matters, especially immigration. She now lives in Germany and is writing her first book and learning German.

1. Increase the Chances of a Favorable Decision

A long-term disability lawyer knows how the process works and what you need to do in order to better your chances of receiving a favorable outcome. An experienced attorney will answer all your questions and guide you on the following important factors related to your case:

2. Support Through the Process

You have enough to worry about with your illness or injury. Filing a long-term disability claim on your own will only add more stress to an already challenging situation. Having an attorney to support you and handle the “red tape” can ease your fears and concerns.

4. Ensure You Meet Important Deadlines

When you go through the long-term disability process, failing to meet deadlines can set your case back for months — or even worse — render you a denied claim. In some cases, you may be forced to start the entire application process all over again. Hiring an attorney can help to make sure that you submit all documentation on time.

5. Handling a Claim on Your Own Can Be Detrimental to Your Case

Filing for long-term disability claim on your own stacks the odds of receiving an approval against you. The process is tedious and complex. Having a long-term disability attorney walk you through the process is paramount to a favorable decision.