A disability creates not only a mental and physical strain, but also a financial one. If you are suffering from a disability, you might be wondering how you will pay your bills when your disability does not allow you to work. The claim process to apply for long-term disability pensions is a meticulous one, and it is imperative you complete every form, submit every piece of evidence, and meet every deadline. Do not feel as if you need to go at it alone. A Long Island disability lawyer will guide you through the entire process.
Whether you need help filing a long-term disability pension claim or you are appealing a denied claim, our Long Island long-term disability pension attorneys at Fusco, Brandenstein & Rada, P.C. have the experience and resources to assist you. We are committed to being with you every step of the difficult journey and fighting for your rights to fair benefits. Call us today at 516-496-0400 or respond in our online chat box to request a free consultation to discuss your case.
Why Should You Hire A Lawyer?
There are so many variables to consider when filing a long-term disability claim. Not filling out the paperwork properly or submitting the right medical evidence can easily lead to a denied claim. A legal team experienced with long-term disability claims will fight on your behalf to ensure your rights are protected and that you receive a favorable outcome.
If an insurance company denies your claim, then you have the right to appeal their decision. Unless you have completed an appeal before, it likely will feel like an extremely complicated and stressful process. A long-term disability attorney understands all facets of this area of the law and knows the best tactics to employ to build your unique appeal case for an advantageous result.
Why Select Fusco, Brandenstein & Rada, P.C.?
Our experienced legal team at Fusco, Brandenstein & Rada, P.C. has over 40 years of experience representing injured and disabled workers. In fact, we are part of a national network of attorneys who specialize in Long Term Disability cases. We have experience handling individual, group long-term, and union disability cases. You have options and rights, and we want nothing more than to help you achieve those. Let us deal with the headaches of filing or appealing a claim while you focus on healing.
Long-Term Disability is Not the Same as Workers’ Compensation
An important distinction many people miss is that long-term disability is not the same concept as workers’ compensation. These terms are not interchangeable. Workers’ compensation is benefits available to those that sustain an injury or illness on the job. Long-term disability is the replacement of lost wages due to a disabling injury or illness on or off the job.
Group Long-Term Disability vs. Individual Disability Insurance Policies
There are two major types of disability coverage: group long-term disability or individual disability insurance policies.
Group Long-Term Disability
Employers provide these benefits to their employees through a long-term disability insurance plan or LTD. The federal law known as the Employee Retirement Income Security Act of 1974 (ERISA) governs these plans. Benefits and coverage are specific to the group LTD plan you are on with your employer. A long-term disability attorney can easily talk you through what your benefits and options are on your plan.
Important information to know about group LTD plans:
- Benefits are usually payable after a 180-day elimination period.
- There are often limitations on how long you will receive benefits for mental impairments or ‘self-reported’ illnesses.
- Benefits are subject to offsets for government disability benefits, such as Workers’ compensation or Social Security disability.
- There are usually two tiers for defining disability. This means the first 24 months, the disability only needs to stop you from working your own occupation, but after that time, you must prove the disability prevents you from working any occupation.
- Pre-existing conditions might cause the denial of a claim.
Individual Disability Insurance Policies
These are privately-owned policies purchased from an individual’s insurance company of choice. An individual usually pays a premium set by their insurance company for these benefits. However, insurance companies could always deny your claim and not provide benefits for a variety of causes. Any claim with an insurance company, including one for disability insurance, has the best chances for approval if an experienced attorney reviews the claim.
Qualifying Medical Conditions for Long-Term Disability
If you sustained a disability on or off the job, then you might be wondering if it is a qualifying medical condition that makes you eligible to receive long-term disability. Every policy is different. One policy might consider an injury or illness as a disability, but another policy might not. That is why it is crucial to request a copy of your policy and closely review it with a long-term disability lawyer.
These are only a few of the common qualifying medical conditions most policies consider for coverage:
- Loss of vision or hearing
- Back injuries
- Neurological disorders
- Mental illness
- Immune system diseases
Regardless of what type of medical condition you are enduring, every long-term disability coverage plan will require documentation from your care provider stating your disability inhibits you from working.
Possible Reasons an Insurance Company Denies a Claim
There are numerous reasons why an insurance company would deny a long-term disability claim. Here are a few of the top ones:
- You missed a step or deadline in the claim process.
- You did not provide complete medical records to demonstrate your disability.
- The insurance company acted in bad faith.
- Discrepancies were found in any part of your claim.
An experienced attorney knows the best methods to avoid these issues that cause an insurance company to deny a claim.
Call a Long Island Long-Term Disability Attorney Today
A disability completely alters your life. It leaves behind mounting medical bills and lost wages. This makes for an incredibly stressful situation in a time when you should be focusing on healing. Our Long Island long-term disability pension attorneys at Fusco, Brandenstein & Rada, P.C. will fight hard for you to receive the maximum benefits you deserve.
Request a free consultation to ask us case-specific questions or speak with an attorney about your case. Get started by calling us at 516-496-0400, completing our simple contact form, or responding in our easy-to-use online chat box.