A long-term disability is any physical injury or mental illness that affects your ability to work or perform regular tasks. It can last several months or years, during which you may take a break from work to receive treatment. People take long-term disability insurance cover for such eventualities to receive benefits for the months they are out of employment recovering from a long-term disability.
If you have such a cover, a skilled attorney can help you determine your eligibility for benefits and even assist you with the application process. They will also defend your interests and rights to compel your insurance company to pay you sufficient benefits to cover your treatments and necessities.
Reasons You Need a Long-Term Disability Attorney
A long-term disability insurance policy helps when you sustain an injury or have a mental condition that affects your functional capacity. If you become ill or sustain an injury that will likely take time to heal, and cannot engage in gainful employment, your insurance company can pay monthly benefits for your upkeep and medical expenses. Although the benefits do not amount to the monthly money, they can help you seek treatment and cater to your basic needs before you resume work.
However, applying for such benefits is not always easy, as insurance companies will do everything possible to deny you benefits. You must qualify for compensation and file paperwork within the required timeline to receive benefits. This can complicate the process, especially if you know how insurance companies operate. A long-term disability attorney can help smooth the process, determine your eligibility, and assist with the application process. They will offer emotional and physical support when you need it most.
Here are some of the reasons you should consider working with an attorney when pursuing long-term disability insurance benefits:
To Navigate Complex Legal Processes
The disability law in California is complex and challenging to understand without legal expertise. Insurance companies take advantage of these complexities to make long-term disability benefits difficult to access, even by people who deserve them. Understanding these laws and navigating the complex processes alone can be difficult. A long-term disability attorney is an expert in these laws and processes. They will guide and help you through all the processes you must navigate to receive the benefits you deserve. You can work with your attorney to understand your policy and eligibility for disability benefits. They will also explain the type of claim you should file to receive sufficient benefits when you are out of work.
For Help Preparing a Long-Term Disability Benefits Claim
Whether you have a long-term disability insurance policy from your employer or a personal policy, you must apply for benefits when a long-term disability affects your ability to engage in gainful employment. Sadly, this is npt always a straightforward process. Insurance companies are in profit-making businesses and will do everything possible to pay less benefits or not pay benefits at all. An attorney can help you with the application process to improve your chances of receiving the benefits you deserve.
When filing a claim against your insurer with a civil court, you must prepare the claim well, providing all the information needed to determine whether your illness or injury qualifies as a long-term disability. You must also provide supporting documents for further details about your condition and claim. The judge will review your application nd the supporting documents to determine whether you should receive benefits from your insurer for the months or years you have applied for.
Generally, the documents you provide at the beginning, while filing a claim with your insurance provider, will be what the court will use to determine your case. You cannot introduce new evidence when you file a lawsuit against the company. Thus, you must get it right from the start to file a successful claim. Your attorney will obtain all the evidence needed to support your claim, including medical records, reports from your employer or supervisor, eye-witness statements, and your own statement about how it has been for you since the illness or injury.
Instead of relying on the paperwork provided by your insurance company, your attorney will involve your physicians and the people in your life, including your colleagues, employer, and family members, to develop a solid claim. They will know the right questions to ask your doctors and employer, and how to phrase their answers to trigger a favorable response from the court.
To MInimize Delay or Wrongful Denials
There is usually no guarantee that you will receive long-term disability benefits after a long-term physical or mental condition. You must file your claim with your insurance provider and await approval. In some cases, the company can deny your claim, especially if you do not meet the eligibility criteria. This can leave you without a source of livelihood for the period you will be out of work.
However, some denials are wrongful. Remember that insurance companies will do anything to deny a claim because they are in business to make profits. Working with an attorney can reduce the possibility of a wrongful denial. An attorney will ensure that your application is filed correctly. They will also ensure you provide all the supporting evidence to demonstrate your eligibility for disability benefits.
An attorney can also speed up the process so you receive benefits immediately. Imagine how difficult it could be if your only source of livelihood fails to come when needed. It could be challenging to pay for your medical needs and necessities. An attorney will keep asking and pushing to ensure that your claim is processed on time.
To Act as Your Legal Representative
Dealing with a complex legal matter can be difficult, especially if you already have a physical or mental condition. Some conditions, like an injury or a mental illness like depression, will make it difficult to do more than rest and focus on your recovery. Navigating complex legal processes as you pursue long-term disability benefits can be impossible at that time. As your legal representative, an attorney will handle the legal processes as you focus on your wellness.
They will handle your claim, obtain the required evidence, handle your insurance company, and file a lawsuit if your insurer is unwilling to pay. They will represent your interests in all legal processes, including the hearings that the court can hold to hear and determine your case. They will remain by your side, answering your questions and presenting your interests to your insurer.
If your insurer agrees to an out-of-court settlement, your attorney will represent your interests in the negotiations. They will advise you to accept or reject a settlement, according to your needs and expectations.
When To Hire an Attorney
You can hire an attorney immediately after realizing that you need a break from work due to a long-term physical or mental condition. Once you cannot work, an attorney can help you determine how to proceed. They will evaluate your case and offer solid evidence to help you make an effective decision. If you engage an attorney in a contingency arrangement, you will consult for free and only pay an attorney's fee once you win the case.
Many wait until their insurance providers deny their claim to talk to an attorney. While this can also be a good strategy, an attorney will increase your chances of succeeding the first time. This will minimize delays and ensure you have the money on time to pay for your treatments and basic needs. Additionally, an attorney’s help during the initial application is critical, as they can protect your rights and interests. They will also handle the complex legal processes on your behalf.
Here are some mistakes you can avoid when you engage an attorney early in the process:
Quitting Work First and Applying for Benefits Later
When an illness or injury affects your productivity at work, you could be tempted to quit first, even without thinking of how you will manage your bills afterwards. An attorney will advise you to start claiming your long-term disability benefits before quitting, so you will have something to fall back on when you stop earning. Although employer-provided long-term disability policies start once your employment is terminated, it is advisable to begin the process early. Additionally, the process will be more straightforward when you can access supporting documents and statements from your employer and colleagues. Once you quit, these can be difficult to obtain.
Taking a Low-Paying Job Instead of Quitting
When an illness becomes overwhelming, you could be tempted to accept a lower-paying, less-demanding job in your workplace. This is a good idea, especially if you can manage it better than your previous position. While this can help, since you will continue making a living regardless of the condition, working with an impairment can have detrimental results on your condition.
Again, accepting a less-demanding job in your workplace can hurt your chances of obtaining long-term disability benefits. If you have an employer-provided LTD policy, your insurer can deny your claim because you can still work, albeit in a low-paying job.
Errors in your Application Form
Working alone on your application can result in errors and mistakes that can result in a denied claim by your insurance provider. You could make mistakes representing information, especially if you exaggerate details or provide insufficient information in your claim. Also, insurance providers always design application forms in a manner that can mislead applicants into providing information that can result in a denial.
An experienced long-term disability attorney will help you with the application process. This way, you will not make any mistakes in your paperwork. They will also protect you from self-incrimination by answering questions on your behalf.
How To Find a Reliable Long-Term Disability Attorney
It is in your best interests to have legal representation as you pursue long-term disability benefits in California. Thus, finding an attorney should be the first thing you do when taking a break from work due to a long-term injury or illness. It is essential to work with a legal expert who has a proven record of successfully handling long-term disability claims. Also, consider an available attorney who is easier to work with and has good client testimonials.
You can ask for a referral from family and friends, especially people who have worked with a long-term disability attorney recently. They will recommend an attorney near your location and one who is available to help with your case. You can also check online, where most attorneys market their services today. Narrow your search to an attorney who specializes in disability benefits and is near your location.
Here are some of the factors you should consider when hiring an attorney:
Skills and Experience
Choose an attorney whose training is in disability law and has experience handling disability claims. They must understand complex insurance policies through training and experience.
An attorney with a successful history of handling benefits claims in your area is preferable.
Consider Their Client Reviews
Clints will always leave a review after receiving legal services from attorneys. Check an attorney’s client reviews before hiring them. An attorney with a higher approval rating will likely serve you better than one without or with a low rating. You will be more satisfied with their services.
Communication and Transparency
You have to know all the details regarding your case. Therefore, choose an attorney who can communicate and is transparent. They will provide a clear and honest assessment of your situation. Such an attorney will not give you false hopes, especially if your case is complex. However, they will be willing to work with you to overcome all challenges.
Find an Experienced Long-Term Disability Attorney Near Me
If you have a long-term disability in California, and it is affecting your productivity at work, an attorney can advise you on what to do. They can also help you apply for long-term disability benefits for monthly payments once you take a break from work. An attorney will smooth the complex legal process, handle your insurance provider, and advocate for your best interests until you are satisfied with the outcome.
At Leland Law, you can count on us for advice, support, and assistance when pursuing long-term disability benefits. Call us at 866-449-6476 to understand your situation, policy, and legal options.
