When to Hire a Long Term Disability Insurance Attorney

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Choosing to hire a long-term disability insurance attorney is not a frivolous decision. It can be a necessity.  While, initially, it would appear your right to receive long- term disability should be sufficient to receive it, this is not the case. Obtaining long-term disability insurance is a difficult matter. Consider the basic statistics.

Statistics

In the initial application process, the failure rate is 64%. At the first level of appeal – reconsideration, this increases to 86%. Only when the case is before an Administrative Law Judge (ALJ) does the rate decrease. It falls to 21%.

The failure rate indicates you might need knowledgeable legal aid at 2 different times during the process:

  • During the initial preparatory work
  • During the appeal process

The presence of an attorney may increase the chances of receiving the benefits you deserve.

Starting Off

Maneuvering your way through the disability insurance system can be tricky. The issues are complex and the paperwork confusing. You need to meet specific requirements. Having a long-term disability insurance attorney on your side at the beginning will ensure

  • You are aware of your rights
  • You will compile and send in the specific criteria, medical information and other pertinent material
  • The forms conform to legal and governmental expectations

Appeals

If your own efforts result in refusal, reconsider your tactics. You have lost round one. You now need to make sure you succeed. At this stage of the process, the matter has become more, and not less, complex. An attorney can now assist in various ways.

  • He or she will help relieve the stress by assuming some of the burden.
  • He or she can help by looking at your situation in a fresh light. It is possible that he/she will discover something you missed.
  • An attorney can ensure the paper work for the reconsideration is on-order and complete.
  • If it is an ALJ, an attorney will ensure the witnesses are prepared for the hearing and that all testimonies are effective, pertinent and coherent. If necessary, the attorney can help you re-file.

Conclusion

It is not always advisable to hire an attorney. In the case of disability insurance, however, the converse may be true. The high rate of denial, instances of subjectivity by the decision makers and the complexity of the paperwork alone, are sufficient justification to hire a long-term disability insurance lawyer. 

This article is provided for informational purposes only. If you need legal advice or representation,
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