Long Term Disability: When to Use a Lawyer

Are you eligible for long term disability? When to use a lawyer to help you is a question to consider as early in the process of applying for your benefits as possible. Of course, when you become disabled your primary concern is your health but an almost immediate and equally important concern is receiving benefits you are eligible for in order to support yourself and your family.

What is a long term disability?

In the simplest terms, a long term disability is a medical condition that interferes with your ability to perform basic job activities and that is expected to last at least one year or result in death. You can potentially receive benefits in the form of monthly payments if you become disabled from several different sources:

• Group disability insurance, provided as a benefit from your employer
• Private disability insurance purchased directly (or through an agent) from a disability insurance company
• Social Security disability benefits
• Veteran's disability benefits

Group Disability Insurance

If you become disabled with a long term disability and you are covered under a group disability insurance plan and your employer is not:

• a hospital owned or operated by a church
• a church
• a government agency

...then you are probably covered under ERISA, which stands for Employee Retirement Income Security Act, a Federal law that supersedes any state laws pertaining to group long term disability insurance. What difference does this make to you? Originally enacted to protect employee rights, the reality has become that because denied disability claims are appealed at the federal level, insurance companies know the rulings are more often in their favor and therefore their denials can be more arbitrary.

Keep in mind that the insurance company is hired by your employer; retaining an attorney experienced in long term group disability claims could make a huge difference in the outcome of your claim, so consult an attorney right away.

Social Security and Veteran's Disability

The process of applying for and receiving long term disability benefits under these programs can be arduous and long. It is not unusual for a Social Security disability claim to be denied and then later approved; you improve your chances of the best outcome if you use the services of an attorney who is experienced with these particular types of cases right from the very beginning. They know the ins and outs and can help you with the application process and even evaluate how likely you are to receive benefits given your situation.

Get Legal Help

The mantra here is when it comes to long term disability and using a lawyer the sooner you do it, the better your results will likely be. When you are disabled your focus should be on regaining your health to the greatest extent possible or learning to live as productively as possible within the confines of your disability. Get help with the process of getting the benefits you are entitled to from a qualified long term disability lawyer, so you can focus on your health.