what kind of lawyer do i need to handle long term disability and social security

While your insurer may offer to provide you with an attorney or (more likely) a non-lawyer representative to handle your disability case, it's usually a better idea to hire an experienced, independent disability attorney, especially if you can do so free of charge.

Full Answer

How can a long term disability lawyer help you?

If you have long-term disability (LTD) insurance and become unable to work, you should hire an experienced LTD attorney as soon as possible to maximize your chances of success. Filing a long-term disability claim, especially when you have employer-provided group coverage, is a process fraught with danger for the unrepresented disability applicant. A single missed …

Do I need a Social Security disability lawyer?

Jul 21, 2020 · Managing both a long-term disability and Social Security Disability claim can be overwhelming. At Chisholm Chisholm & Kilpatrick LTD, our team of attorneys and professionals can help ensure that the insurance company is offsetting your SSDI benefits correctly and that your long-term disability claim is not negatively affected by your SSDI claim.

Who is the long term disability benefits attorney for ERISA?

The attorneys at ARM Lawyers, can also help you apply for both LTD and SSDI benefits and help you to appeal a denied claim. If you’re ready to learn more about the types of disability benefits that may be available to you, call us now at 484-464-2066.

Should I hire an attorney to represent me in my disability case?

If you or someone you know is unable to work because of a long-term disability, and who may be eligible to receive social security disability benefits (SSDI) from the government, a social security disability lawyer can help. Use FindLaw to hire a local social security disability attorney near you to help guide you through the claims process, and resolve any problems that arise with SSDI …

Can you collect long term disability and Social Security at the same time?

Can you get Social Security Disability Insurance and long term disability at the same time? Yes, it's possible. If you qualify for Social Security disability benefits, your benefit amount will not be reduced if you are also receiving individual LTD benefits.

How do I fight Social Security benefits?

Call toll-free 1-800-772-1213 to get your local SSA office number. Then, decide what info might help Social Security change its decision....The request for reconsideration form has three appeal options:Case Review.Informal Conference.Formal Conference.

Why is it taking so long for SSDI reconsideration?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

Can Social Security be garnished for a lawsuit?

Most creditors and debt collectors cannot seize your Social Security benefits, as long as you receive them via direct deposit to your bank account. If you receive your benefits on a prepaid card, these funds are generally safe as well.Jan 25, 2022

What Can A Long-Term Disability Attorney Do For Me?

Employer-provided group LTD insurance is governed by ERISA, the Employee Retirement Income Security Act, a federal law that provides for very speci...

When Should I Hire An Attorney?

It's never too early to hire an attorney to represent you in your disability case. As soon as you become unable to work, contact an LTD attorney to...

How Much Will An Attorney Cost Me?

Most disability attorneys handle LTD cases on a contingency fee basis, typically charging between 25% and 40% the past-due benefits that the insura...

Finding A Long-Term Disability Lawyer

It's essential that you find an attorney with experience handling LTD cases rather than a general practitioner who will have to learn ERISA law on...

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

Can you overpay SSDI?

If your SSDI claim is approved, the insurance company may tell you that you were overpaid if you receive past-due SSDI benefits for a period in which you already received LTD benefits. The insurance company will likely tell you that they should have been offsetting your SSDI benefits during that time but, because they did not, you now owe money back to them. You should hold onto any retroactive Social Security Disability benefits that you receive until you have confirmed any overpayments with the insurance company.

Can you get approved for long term disability?

Social Security Disability and long-term disability typically have different definitions of disability and use different criteria to assess the records on file. As a result, approval for one does not guarantee approval for the other. However, your social security disability claim may bolster your long-term disability claim if you are approved based ...

What happens if you are denied Social Security Disability?

If you are denied social security disability, it is easier for the long term disability insurance company to deny your claim. They can now say “well, Social Security denied you so you must not be disabled”. Not only is the person normally not an attorney, they typically don’t handle cases at all levels.

How is SSDI determined?

SSDI benefits are awarded in a monthly amount, which is determined by how much the employee has earned on their Social Security record. So you can see when comparing long term disability vs social security disability that each presents a separate and distinct type of benefit.

What is LTD insurance?

Long-term disability (LTD) is a type of private insurance that is most commonly offered to an employee through his or her employer (although it can be purchased privately). Typically, the employer or the employee will pay a monthly premium amount to an insurance company. In the event that the employee becomes disabled, ...

Do I have to apply for SSDI if I have an ERISA policy?

If you have an ERISA LTD policy and are approved for LTD benefits, the insurance company also will require the applicant to apply for SSDI benefits. Applying for SSDI benefits will offset the amount that an insurance company is required to pay in LTD benefits.

Does private LTD affect Social Security?

In most cases, private LTD policies do not affect Social Security benefits. You can ordinarily receive both if you qualify for both. Unlike ERISA LTD policies, there is typically no offset. You receive the full amount of both benefits. That is why private LTD policies are so beneficial (if you can afford one).

Can you get disability if denied?

Usually, no. There is almost never an affect on social security disability with one small caveat. If you are denied long term disability, it is possible that you may have to submit any unfavorable doctor’s reports to the Social Security Administration which could theoretically hurt your case.

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

Helping people who are denied disability, life, long term care, and health insurance nationwide

Eric has spoken at many national conferences teaching other attorneys about ERISA and disability insurance.

Long Term Disability Benefits Attorneys

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Eric's team of benefits and disability lawyers in Chattanooga, Tennessee can help you as it has already done for thousands of other disabled people nationwide.

FREQUENTLY ASKED QUESTIONS

What is Erisa? The insurance company has denied my claim, why can’t we sue now? Wouldn’t I want a local attorney for my disability insurance case? How does the Buchanan Disability Team handle cases nationally?

What can a disability attorney do?

A disability attorney can minimize the damaging impact of any such information. Disability attorneys will cross examine a vocational expert and can counter any negative testimony a vocational expert offers. This requires a complex understanding of different jobs and job skills and how they are categorized.

What to do if you are denied a disability?

If you have been denied, don’t give up. Believe in your claim. Most legitimate cases are eventually approved- as long as the applicant remains persistent and keeps appealing. It can be difficult to deal with the appeals process alone, especially while dealing with the medical and financial problems that accompany disability. It is for this reason that many applicants choose to hire professional representation; having a lawyer by your side through the appeals processes and through administrative hearings greatly increases your odds of success. Having an advocate by your side can be invaluable in such an intimidating process. No lawyer can guarantee your claim will succeed, but hiring an attorney will significantly increase the odds of your claim being awarded.

Why are disability claims denied?

Initial claims are denied for any number of reasons but most common are: Lack of sufficient evidence of disability. Paperwork errors. Procedural issues.

What is the definition of disability in the SSA?

The SSA definition of disability is strict and an individual must have at least one condition that satisfies that definition of disability: “To meet our definition of disability, you must not be able to engage in any substantial gainful activity (SGA) because of a medically-determinable physical or mental impairment (s):

Why is legal representation important?

The earlier, the better. Legal representation will ensure that your claim is filed properly and may speed the process of receiving the benefits you are entitled to. Disability benefits are an important source of income for those who are unable to work.

What happens if a disability is not approved?

If a disability claim is not approved on initial application, the claimant will have to go through the appeals process. Though legal representation is not required, appearing at a court hearing before an administrative law judge without an attorney can hurt an applicant’s chance of success.

What is a bad fact?

A bad fact is any information that might harm an applicant’s case, such as a doctor’s opinion that an applicant is not disabled or that an applicant failed to follow a treatment plan consistently. A disability attorney can minimize the damaging impact of any such information.