Understanding Long Term Disability Laws

Earning a living and being able to continue to provide for a family will be extremely challenging if you are injured or become disabled. While Social Security Disability (SSD) as well as Supplemental Security Income (SSI) should be an easy claim process, there are often denials and obstacles to successfully filing and collecting on a claim. Working with an attorney that understands long term disability laws as well as how to most effectively represent you through the filing and appeals process is an important consideration in any type of disability case.

Social Security Disability benefits are designed to provide support through Social Security in the event that a person becomes unable to work. This can include partial or full disability, with the claim amounts designed to provide additional financial assistance. However, many people that make full or partial disability claims through Social Security Disability are denied their claim. With a denial there is typically information that is missing or that has been misinterpreted by the representative in determining eligibility for a claim. As the claimant you have the option under long term disability laws to file an appeal which can include a lawsuit in Federal Court if it cannot be fairly settled at a lower level of appeal.

Long term disability laws do require that individuals be able to prove the degree and significance of the disability on their long term employment options. In some cases, having an attorney review your form prior to the application is a good way to ensure that the documentation you provide is comprehensive. Many times doctors don't adequately fill out forms or may not represent your disability completely. An attorney familiar with disability laws will provide resources and additional medical referrals to develop a strong documented case for your claim.

Supplemental Security Income can be a claim for either a mental or a physical disability that impacts on your long term ability to find or maintain employment. Very much like Social Security Disability claims, having the right documentation to support your claim is essential in being approved. However, most SSI claims are denied for a variety of issues. In the vast majority of cases incomplete documentation or inaccuracies in the required paperwork leads to denial of the claim. Working with an attorney to review the initial paperwork is highly recommended. Knowing what must be accepted and what can be denied under the law will help you in determining which option is best for you.

With private insurance there are also long term disability laws in place. Insurers cannot deny coverage if the individual making the claim doesn't violate any of the exemptions or limitations of the policy. As with SSD and SSI there is a high denial or reduced payment with many of these claims. Attorneys that know the law and can represent you to the insurance company are highly effective in getting the issue resolved and the claim paid at the limit allowed by the policy.

Most people that file disability through private insurance, SSD or SSI aren't aware of the long term disability laws that apply to their particular situation. Researching and determining which laws apply is both time consuming and very difficult if you aren't an attorney. Having legal representation that is knowledgeable and experienced is highly recommended at least at the appeal of the denial if not at the point of the original application.