Short Term and Long Term Disability
If you have applied and been rejected for short term or long term disability payments through your employment or by your disability pension, we may be able to help you to get the benefits to which you are entitled. Please contact us.

COMMON LONG TERM DISABILITY QUESTIONS

1. I have applied for long term disability with my employer. They have given me an initial denial and told me I can appeal. Do I need to consult an attorney now?
2. My long term disability company has paid me for two years but now they say I have to prove that I am more disabled. I thought I bought disability insurance that would protect me and my family if I wasn’t able to do my job. Isn’t that correct?
3. My insurance company says that they will provide me with “an administrative appeal” and that if I don’t like the result, I can go to court. Can I wait until I need to go to court in order to hire an attorney?
4. It seems to be difficult to find an attorney to represent me in regard to my long term disability claim. Why is that?
5. I have been on disability and the only income I have is from disability payments. How can I hire an attorney?
6. If I miss my appeal deadline can I start over?
   
   

QUESTION: I have applied for long term disability with my employer. They have given me an initial denial and told me I can appeal. Do I need to consult an attorney now?

ANSWER: Yes. Long term and short term disability plans are extremely difficult legal problems. If you don’t obtain an attorney early in the process it may be impossible to effectively present the necessary evidence to win in court.

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QUESTION: My long term disability company has paid me for two years but now they say I have to prove that I am more disabled. I thought I bought disability insurance that would protect me and my family if I wasn’t able to do my job. Isn’t that correct?

ANSWER: Many long term disability programs provide two levels of coverage, the first will pay you for a certain period of time if you are unable to perform your own occupation, and will then continue to pay you only if you are unable to perform any occupation. Many people don’t understand that the process is almost like presenting proof for two different insurance policies, and that it can be extremely difficult to do.

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QUESTION: My insurance company says that they will provide me with “an administrative appeal” and that if I don’t like the result, I can go to court. Can I wait until I need to go to court in order to hire an attorney?

ANSWER: No. The law governing private disability benefits is extremely severe. Only evidence that is submitted during the Administrative appeal can be considered in a lawsuit, you do not get to provide testimony or have a jury, and the only decision for the court is whether the insurance company “abused its discretion” in the consideration of your claim.

If you don’t present the proper evidence, early in the Administrative appeal, you will lose.

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QUESTION: It seems to be difficult to find an attorney to represent me in regard to my long term disability claim. Why is that?

ANSWER: The federal law that governs disability benefits in employment situations is so strongly in favor of insurance companies that it is very difficult to win, very complicated, and very time consuming. Most law firms don’t have the time or experience to undertake this type of representation.

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QUESTION: I have been on disability and the only income I have is from disability payments. How can I hire an attorney?

ANSWER: Insurance companies and employer funded Plans know that injured and disabled workers often can’t afford to hire a law firm, and to engage in the representation necessary to win long term disability litigation. Our firm often represents disabled individuals on a contingency fee basis, recognizing that they will get paid only if we succeed in obtaining or retaining disability benefits.

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QUESTION: If I miss my appeal deadline can I start over?

ANSWER: No. Long term disability appeals are very unforgiving. If you don’t do them right the first time, and submit your evidence properly and early, you lose all benefits under that policy for the rest of your life. There is no room for error.

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