Many people have medical conditions that prevent them from working, and they may need to seek disability insurance benefits. However, getting these benefits can be difficult because of the tangled web of rules and regulations.
For example, if a person has employer-sponsored long-term disability (LTD) coverage, their claim will be governed by strict ERISA laws. A lawyer with specialized knowledge of these laws can help level the playing field against an insurance company.
Ensures Your Rights Are Protected
When submitting an initial disability application or appealing a denied claim, it’s essential to have the assistance of an experienced long-term disability attorney. They will help you navigate the complicated process and protect your rights.
If you have an ERISA-governed disability insurance policy, you will likely have to attend an ERISA hearing. These hearings are often structured like court cases. In addition to preparing you for the hearing, your lawyer will cross-examine any witnesses who have testified against you. It ensures that the whole story of your disability is told, not just what your insurer wants you to hear.
Large insurance companies make it their business to deny claims and keep money out of your pocket. You deserve the benefits you paid for. Hire an ERISA-experienced disability lawyer to fight for you. Often, disability lawyers will offer a free consultation. If they take your case, they will get paid based on a percentage of any back benefits you receive.
Ensures Your Case Is Filled Out Correctly
Many people who need disability benefits have never dealt with the legal system before and may have preconceived notions about lawyers, fees, the court system, and insurance companies. A seasoned disability attorney can help you navigate this process and get the desired results quickly and efficiently.
Your disability lawyer will ensure all your paperwork is filled out correctly and provide a clear roadmap to follow throughout the process. It is essential because the insurance company will look for any discrepancies or errors in your claim and use these as excuses to deny your disability benefits.
A disability attorney will also know how the local administrative law judges or ALJs operate in their districts. They can use this knowledge to strategically plan and build your case, including requesting that your case be heard by another judge, for example, because one ALJ might have biases against mental health issues such as PTSD.
Ensures You Receive the Compensation You Deserve
Disability lawyers understand the laws that govern your specific insurance policy. They can help ensure the insurance company adheres to regulations and promptly addresses your claim. A lawyer can also help identify how the insurance company may violate your rights.
Many employers provide group long-term disability insurance governed by ERISA law. This law has strict guidelines for filing claims and requiring medical documentation. A disability actor specializing in ERISA can ensure your case is handled according to these rules.
Large insurers are profit-driven, which gives them a financial incentive to delay your claim and minimize your chances of receiving benefits. An experienced disability attorney can call out this behavior, working to counteract alarming facts presented by biased medical professionals or insurance companies. Additionally, since medical records might not be sufficient to prove your handicap, an attorney can assist you in obtaining additional evidence. They can also advise you on how other benefits, such as workers’ compensation, may affect your eligibility for disability.
Ensures You Receive a Fair Hearing
It is essential to find a disability lawyer with extensive experience in disability insurance law and representing claimants. The lawyer should also have an impressive portfolio of published legal articles and a history of lecturing on disability insurance law topics for other attorneys and law students.
A disability lawyer will carefully fill out your initial application, ensuring every detail aligns with SSA eligibility requirements. They will also know what information is crucial for your case and how to get it quickly from your medical team. They will also prepare you for your hearing and cross-examine any witnesses the judge may call to testify against you.
Additionally, a disability attorney can help you submit supplementary evidence for your case. It could include on-the-record briefs that summarize years of medical records into a few pages, which can encourage an administrative law judge to grant benefits without a hearing. They can also detect bias in independent medical exams and ensure that your medical evidence reflects your condition.