If a long-term illness or injury stops you from working, a long-term disability lawyer can help you get the financial support you need. Long-term disability insurance is important, but the claims process can be confusing. Here’s how a disability lawyer can guide you through it to make sure you receive your benefits.
What is a Long-Term Disability Lawyer?
A long-term disability lawyer is a legal professional who focuses on assisting clients with long-term disability insurance claims. They know the details of disability insurance policies and are skilled at helping clients with the application process, handling denials, and managing appeals. Their main goal is to make sure clients get the benefits they’re entitled to from their insurance.
Common Conditions Covered by Long-Term Disability Insurance
Long-term disability (LTD) insurance gives financial help to people who can’t work because of a serious medical condition that lasts a long time. LTD policies can cover many types of conditions, including both physical and mental health problems. Here are some of the most common one’s:
Commonly Covered Conditions
1. Musculoskeletal Disorders
These are the leading cause of long-term disability claims and include:
- Chronic back pain
- Arthritis
- Fibromyalgia
- Osteoporosis
- Herniated discs
2. Cardiovascular Diseases
Conditions affecting the heart and blood vessels that may qualify include:
- Heart disease
- Heart failure
- Arrhythmias
- Stroke
- Peripheral artery disease
3. Neurological Disorders
Disabilities arising from neurological conditions can also be covered, such as:
- Multiple sclerosis
- Parkinson’s disease
- Alzheimer’s disease
- Epilepsy
- Amyotrophic lateral sclerosis (ALS)
4. Mental Health Disorders
Mental health conditions that significantly impair daily functioning and work capability include:
- Severe depression
- Bipolar disorder
- Schizophrenia
- Post-traumatic stress disorder (PTSD)
- Anxiety disorders
5. Cancer
Various types of cancer, depending on their severity and treatment side effects, can qualify for LTD benefits. This includes:
- Breast cancer
- Prostate cancer
- Leukemia
- Lymphoma
- Mesothelioma
6. Chronic Respiratory Diseases
Respiratory conditions that may lead to long-term disability include:
- Chronic obstructive pulmonary disease (COPD)
- Asthma
- Cystic fibrosis
7. Autoimmune Diseases
Conditions that affect the immune system and can lead to significant limitations include:
- Lupus
- Rheumatoid arthritis
- Crohn’s disease
- Multiple sclerosis
8. Diabetes
Poorly controlled diabetes can lead to complications that may qualify for LTD, such as:
- Kidney disease
- Vision loss
- Neuropathy
9. Serious Injuries
Accidents resulting in severe injuries can also lead to long-term disability, including:
- Spinal cord injuries
- Traumatic brain injuries
- Severe burns
10. Other Chronic Conditions
Other conditions that may qualify include:
- Chronic fatigue syndrome
- Carpal tunnel syndrome
- Endocrine disorders (e.g., thyroid issues)
Also read: Eye-Opening Pain and Suffering Settlement Stories
The LTD Claims Process
Submitting the Claim: Fill out a disability claim form and send proof of your disability to the insurer within 12 months of becoming disabled.
Insurer’s Investigation: The insurer will check your medical records, have experts review your case, and gather details about your job from your employer.
Claim Decision: The insurer has 45 days to decide on your claim. They can either approve or deny it. If denied, you have 180 days to appeal.
Appeals Process: To appeal, you’ll need to provide more evidence and documents to support your claim. It’s a good idea to hire an experienced LTD attorney to help with this process.
Differences from Short-Term Disability
Duration: Short-term disability typically covers up to 1 year, while long-term disability (LTD) provides benefits for a longer time, sometimes until you retire.
Definition of Disability: Short-term disability requires you to be unable to do your current job, while LTD requires you to be unable to do any job.
Portability: Short-term disability benefits usually stop when you leave your job, but LTD policies can often be moved to an individual policy.
How a Long-Term Disability Attorney Can Help
A long-term disability attorney is essential for managing the complexities of long-term disability insurance claims. Here’s how they can help you:
Initial Claim Assistance
Application Guidance: They help you understand your insurance policy and the claims process, ensuring your application is filled out correctly and submitted on time.
Documentation Support: They assist in collecting and organizing the medical records and other documents needed to back up your claim, improving your chances of approval.
Handling Denials
Understanding Denials: If your claim is denied, the attorney reviews the denial letter to figure out why and advises you on your options.
Appeals Process: They guide you through the appeal, helping you gather additional evidence, consult with medical experts, and prepare a strong case to challenge the denial.
Representation in Hearings
Preparation for Hearings: They prepare you for hearings by explaining what to expect, helping with your testimony, and making sure you understand the process.
Advocacy During Hearings: They represent you at the hearing, presenting evidence, questioning witnesses, and making legal arguments to support your case.
Negotiation and Settlement
Negotiating with Insurers: They negotiate with the insurance company to secure a fair settlement or benefits you’re entitled to.
Legal Action: If needed, they can file a lawsuit to recover benefits, protecting your rights throughout the legal process.
Ongoing Support
Monitoring Your Case: They track deadlines, ensure paperwork is completed correctly, and follow up with the insurance company to speed up your claim.
Expert Consultation: They might connect you with medical or vocational experts to strengthen your case, especially if the insurer questions your disability.
FAQ:
1. What is a long-term disability lawyer?
A long-term disability lawyer helps people get benefits from long-term disability insurance. They assist with filing claims, dealing with denials, and handling appeals to make sure you receive the benefits you’re entitled to.
2. When should I hire a long-term disability lawyer?
You should consider hiring a lawyer if your claim is denied, if you’re having trouble with the insurance company, or if you need help understanding your policy and legal rights.
3. How can a long-term disability lawyer assist with my claim?
A lawyer can help by explaining your insurance policy, gathering and organizing necessary documents, filing your claim correctly, negotiating with insurance companies, managing appeals, and representing you in court if needed.
4. What should I look for in a long-term disability lawyer?
Look for a lawyer who has experience with long-term disability cases, a good track record of success, positive client reviews, and expertise in negotiating with insurance companies. It’s also important to pick someone you feel at ease working with.
5. How much does a long-term disability lawyer cost?
Many long-term disability lawyers work on a contingency fee basis, meaning they only get paid if you win your case. Their fees are usually a percentage of the benefits you recover. Make sure to discuss fees and payment options during your first meeting.
6. What should I do if my claim is denied?
If your claim is denied, a lawyer can help you understand why, gather additional evidence, and file an appeal. They can also negotiate with the insurance company or represent you in court if needed.
7. How long does the long-term disability claims process take?
The process can vary in length depending on the complexity of your case, the insurance company’s procedures, and any appeals. It can take several months to a few years, especially if appeals or legal actions are involved.
8. Can a long-term disability lawyer help with Social Security Disability Insurance (SSDI) claims?
Yes, many long-term disability lawyers are also skilled in handling Social Security Disability Insurance (SSDI) claims. They can help with the application, appeals, and ensuring you get all the benefits available.
9. What documents do I need for a long-term disability claim?
You will typically need medical records, employment history, details about your disability, and other relevant documents as required by your insurance policy. A lawyer can assist you in collecting and arranging these documents.
10. How can I find a qualified long-term disability lawyer?
To find a qualified lawyer, you can research online, read client reviews, ask for recommendations from friends or family, and schedule consultations to discuss your case and evaluate their expertise.
Also read: The Role of Job Injury attorney: In-depth Analysis
