When Should I Hire A Long Term Disability Lawyer?

According to statistics from the Centers for Disease Control and Prevention (CDC), more than 60 million adults in the U.S. struggle with some type of disability. When these impact your ability to work or perform certain tasks required by your job, long term disability (LTD) insurance available through your employer may be able to help.

If accidental injuries, sudden illnesses, and chronic health conditions leave you unable to work for a year or longer, long term disability benefits can help supplement your lost income, enabling you to continue providing for your loved ones and meeting your monthly expenses. A common question clients ask is, “When should I hire a long-term disability lawyer?” While this will depend on your specific circumstances, we can help in the following situations:

When first applying for long term disability benefits:

Applying for long-term disability benefits can be a complex process. You will need to fill out the appropriate forms for your claim and submit it to the insurer with the proper information, including statements from doctors, medical records, and other documents. One little mistake or simply failing to elaborate enough about your condition could result in your claim either being denied or delayed. Hiring a long term disability lawyer at the beginning can help to prevent this.

When claims are delayed:

Filing for long-term disability benefits involves dealing with insurers. As for profit-businesses, they have a financial motive to avoid paying out on benefits. A common tactic is to delay your claim with excessive requests for documentation and other tactics. Our LTD benefit lawyer can call them on this type of behavior and help your claim get resolved in the quickest amount of time possible.

When benefits are denied:

Many LTD claims end up being denied at least once before they are finally approved. While the Employee Retirement Income Security Act of 1974 (ERISA) gives you the right to file an appeal, following the proper procedures and gathering the evidence needed is often a challenge. We can guide you throughout the process, filling out the appropriate forms, gathering evidence in your favor, and appearing at administrative hearings on your behalf.

Let Us Help You Today

To ensure you get the benefits you are entitled to when long term disabilities happen, get Farrell Disability Law on your side. Call or contact our Florida long-term disability lawyer online and request a consultation in our office today.

https://www.mydisabilitylaw.com/when-do-i-qualify-for-long-term-disability-ltd-benefits/

What To Do When Filing A Long-Term Disability Insurance Claim

According to the Social Security Administration (SSA), roughly one out of every four 20 year-olds today will suffer from some type of long-term disability prior to reaching retirement age. Long-term disability (LTD) insurance benefits provided through your employer can help to offset your losses.  When dealing with insurance representatives, there are steps you need to take to protect your rights to benefits. These include:

• Notify your employer immediately of any medical issues or conditions that could result in long-term disabilities;
• Attend doctor visits regularly and keep thorough medical records;
• Follow your doctor’s recommendations regarding testing, treatment, follow-up care, and work or other activity restrictions;
• Keep a journal documenting your condition and the impact it has on your ability to work or perform daily functions;
• When the time comes to submit a claim, fill out forms completely and provide supporting evidence;
• To reduce the risk of a denial, consult with an experienced long-term disability attorney;
• If you submit a claim and it is denied, be aware that you have the right to appeal.

What Not To Do When Filing A LTD Claim

To protect yourself in filing for long-term disability benefits through employer-provided insurance, there are certain things you should NOT do. These include:

• Do not be unfamiliar with the terms of your LTD insurance policy. Under the Employee Retirement Income Security Act of 1974 (ERISA), you have the right to request a copy of all policy-related documents, free of charge. Review the terms and any exclusions that apply.
• Do not fail to get a firm diagnosis or the appropriate medical treatment. If your doctor refuses to document your condition as disabling or otherwise does not provide treatment, visit another provider.
• Do not downplay or overstate your condition. Being less than honest in submitting a claim can result in an immediate denial and loss of future benefits.
• Do not discuss your claim or your current activities: Avoid talking about your claim or posting on social media while it is being resolved. This is one of the first places investigators look for evidence that can be used to deny LTD benefits.

Let Us Help You Today

For help in getting the LTD benefits you are entitled to, reach out to Farrell Disability Law. With decades worth of experience and a proven track record of success, we provide the trusted legal guidance you need in filing a claim. Call or contact our Jacksonville long-term disability attorney online to request a consultation in our office today.

Resource:

ssa.gov/disabilityfacts/facts.html

https://www.mydisabilitylaw.com/can-i-get-long-term-disability-benefits-for-cancer/

Social Security Disability Benefits Denied?

Social Security disability insurance (SSDI) benefits provide a safety net if you are unable to work. To be eligible, you must have earned the required number of work credits and have a qualifying condition. You must also file a claim with the Social Security Administration (SSA), submitting the appropriate forms and supporting evidence from your doctor and other medical providers. We strongly recommend consulting with our experienced Social Security disability attorney before filing a claim, as doing so increases your chances of getting approved.

If you file on your own and receive a denial, do not panic. According to the Government Accountability Office (GAO), more than two third of SSDI claims are denied each year. You have the right to request an administrative hearing, during which you can provide additional information in support of your claim.

What To Expect At A Social Security Disability Hearing?

As opposed to other types of legal proceedings, SSA administrative hearings are not held in courtrooms but rather in SSA offices and hearing centers. An April 2021 report by the American Association Of Retired People (AARP) advises that more than a quarter of all denied SSDI claims are resolved in this manner. Steps involved in the process include:

• The judge will review your case and any additional evidence submitted, such as more detailed statements from your doctor.
• You will provide sworn testimony regarding your condition.
• The judge may question you regarding your health or your work history.
• You can have doctors or other medical experts testify on your behalf.
• The SSA may produce their own experts to testify against your claim.
• The judge will make a ruling in your case.
• If your claim continues to be denied, you can request a review by the SSA’s Appeals Council.

It is strongly recommended that you have an attorney represent you in SSA administrative hearings. The GAO reports that you are more than three times more likely to get approved for benefits with a legal professional on your side rather than going through the process on your own.

Let Us Help You Today

At Farrell Disability Law, we act as a strong legal advocate on the side of people with long term disabilities. Let us help you get the SSDI benefits you deserve. Whether you are filing a claim or have been denied benefits, reach out and contact our Orlando Social Security disability attorney to request a professional consultation in our office today.

Resource:

aarp.org/retirement/social-security/questions-answers/what-happens-at-a-social-security-disability-hearing.html

https://www.mydisabilitylaw.com/when-accidental-injuries-result-in-long-term-disabilities-3/

The Role Your Doctor Plays In Obtaining Disability Benefits

You trust your family doctor to help manage your health. Unfortunately, medical mistakes on their part could put you in jeopardy. Patient Safety Awareness Week calls attention to a common and disturbing problem: more than 400,000 patients die each year as a result of medical errors. Among the most common include misdiagnosis of symptoms, misinterpretation of diagnostic tests, medication errors, and procedural mistakes during surgeries. These can allow serious conditions to go untreated or cause adverse events that put you at risk.

In addition to impacting your health, medical mistakes can also impact your rights to Social Security disability benefits. Your doctor plays an important role in the application process and in helping your claim get approved. Among the tasks required of them include:

• Providing a firm diagnosis and verifying your disabled status;
• Providing test results and other records to support their claims;
• Making statements to the Social Security Administration (SSA) regarding how your condition is likely to impact your ability to work and other activities;
• Recording how you are responding to any treatments provided;
• Giving an estimate on your overall prognosis;
• Making a determination on when you will be able to return to substantial gainful activity.

How To Be Your Own Patient Safety Advocate

Your doctor can serve as a strong ally on your side when completing your Social Security disability application or their actions could hinder you in getting the benefits you deserve. To protect yourself and your rights, it is important to act as your own patient safety advocate. Steps to take include:

• Making sure your medical history is properly filled out;
• Making a list of symptoms you experience to discuss at each visit;
• Confirming with your doctor all medications you are taking and any specialists you have been referred to;
• Requesting the appropriate medical testing and obtaining a copy of the results;
• Making sure your doctor documents the impact your disability has on your life;
• Making sure they respond to requests for information from the SSA;
• Requesting a referral for a Residual Functional Capacity Assessment if your doctor refuses to support your efforts in obtaining disability benefits.

Let Us Help You Today

At Farrell Disability Law, we act as a strong legal advocate on your side when dealing with doctors and applying for disability benefits. Our goal is to ensure you get the maximum amount you deserve. To request a consultation in our office, call or contact our Jacksonville Social Security disability attorney online today.

Resource:

ihi.org/Engage/Initiatives/Patient-Safety-Awareness-Week/Pages/default.aspx

https://www.mydisabilitylaw.com/dealing-with-chronic-health-conditions-questions-to-ask-about-employer-provided-long-term-disability-benefits/

Know What To Expect With Your Long-Term Disability Benefits

A long-term disability is one that is expected to keep you from working for a year or longer. Currently, the Centers for Disease Control and Prevention (CDC) reports that more than 61 million people in the U.S. deal with some type of physical, cognitive, or emotional impairment that impacts their ability to perform daily functions. Chronic health conditions are among the most common causes.

If you are diagnosed with any type of condition that is likely to get worse over time, it is important to know what you can expect in terms of long-term disability benefits provided by your employer. The Employee Retirement Income Security Act of 1974 (ERISA) entitles you to copies of all policy-related documents, free of charge. Questions to ask while reviewing these include:

1. When Are You Eligible?

Look for eligibility guidelines, which should be listed in the Summary of Benefits, usually in the first few pages of the policy. This should detail the length of time you have to be employed to be included under the policy, any stipulations regarding the types of workers covered, and how soon benefits begin.

2. What Disabilities Are Covered?

Your long-term disability insurance policy should provide a long list of covered conditions.  However, there is also likely to be an equally long list of policy exclusions. Make sure your particular condition entitles you to benefits.

3. How Much Does Your LTD Policy Pay?

The amount of long-term disability benefits you are entitled to will depend on the terms of your group policy. Usually, LTD insurance compensates you for up to 60 to 80 percent of your after-tax income. Pay attention to how long benefits last as well. This can vary anywhere from three to 10 years or more.

4. What Riders Are Available?

In some cases, there may be additional riders you can purchase that go alongside any long-term disability benefits your employer provides. These may extend the types of conditions covered, the amount of benefits, or the length of time you are entitled to receive payments. Consider your specific situation to determine if investing in these is a good idea.

Let Us Help You Today

At Farrell Disability Law, we help people get the benefits they are entitled to when disabilities happen. To discuss your options, call or contact our Jacksonville long-term disability attorney and request a consultation in our office today.

Resource:

dol.gov/general/topic/retirement/erisa#:~:text=The%20Employee%20Retirement%20Income%20Security,for%20individuals%20in%20these%20plans

https://www.mydisabilitylaw.com/common-causes-of-long-term-disability-among-young-adults/

Cancer And Long-Term Disability Benefits

Symptoms of cancer are often subtle at first and vary depending on the type you have. However, as you progress through the various cancer stages, these are likely to get increasingly more severe. According to the National Cancer Institute, common symptoms of cancer include:

• Changes in bowel or urinary habits;
• Changes in hearing or vision;
• Chronic coughing or hoarseness;
• Excessive bruising or bleeding;
• Fatigue;
• Fever and night sweats;
• Headaches and other neurological problems;
• Nausea and vomiting;
• Swelling or lumps on different parts of the body;
• Weight loss or gain for no known reason.

Catching cancer early improves your odds of recovery. If you are diagnosed with stage one or two cancer, the discomfort you experience may not prevent you from working, but some of the side effects of treatments you undergo could be severe. These side effects may make you eligible for long-term disability benefits.

Filing A Long-Term Disability Claim For Cancer

In addition to the adverse side effects of cancer treatment, general symptoms you suffer at stage three or four of the disease could impact your ability to perform your job. Regardless of your current condition, one of the first steps you need to take is to review employer-provided benefits. The Employee Retirement Income Security Act of 1974 (ERISA) requires your employer to provide copies of all benefit-related documents, free of charge and at your request.

It is also important to get verification of your condition and potential disabilities from your doctor and to begin keeping copies of all medical records. You will need these in filing your claim. Unfortunately, it is not uncommon for people with cancer to have claims denied. If this happens, be aware you have the right to file an appeal. It is also not uncommon to get approved for disability benefits, only to have them stop if you go into remission. Our Florida long-term disability attorney can help you in either of these situations, providing the legal guidance you need to get the maximum amount of benefits you deserve.

Let Us Help You Today

At Farrell Disability Law, we act as a strong advocate on behalf of people who are diagnosed with cancer, helping them get the disability benefits they are entitled to. Contact our Jacksonville long-term disability lawyer and request a consultation in our office to discuss your options today.

https://www.mydisabilitylaw.com/make-reviewing-long-term-disability-coverage-one-of-your-new-years-resolutions/

When Disabilities Entitle You LTD Benefits

Long-term disability (LTD) insurance is often provided by employers alongside other benefits, such as life insurance or health coverage. LTD policies protect you in the event an injury or health condition prevents you from working for a year or longer.

One of the first steps you need to take if you are diagnosed with a potentially disabling condition is to review the terms of your policy. Under the Employee Retirement Income Security Act of 1974 (ERISA), your employer is required to provide a copy of all policy-related documents, free of charge and at your request. Stipulations to look for that could impact your eligibility and when you qualify for benefits include:

• Terms of coverage: This details the amount of time you need to have worked on the job, required job status, and other details that determine when your coverage goes into effect.
• Policy exclusions: These are conditions that are not covered by your long-term disability benefits.
• Pre-existing conditions: Many LTD policies have special provisions for dealing with pre-existing conditions that result in long-term disabilities.
• Elimination period: This is the period of time between when you become disabled and when your benefit payments begin.

How Long Do I Need To Wait For LTD Benefits and When Should I Apply?

As soon as you are diagnosed with a potentially disabling condition, it is important to take steps towards the time when you will file a claim. This includes keeping track of your medical records, attending all required doctor’s appointments and follow up visits, and keeping a journal regarding how your condition impacts you at work and at home.

Policy Genius warns that while some LTD insurers will begin paying benefits if your disability prevents you from working in your own occupation, others require that you be unable to work in any type of job. This could make a big difference in terms of  when you begin receiving payments. The elimination or waiting period is another factor to consider. Virtually all LTD policies require you to wait anywhere from three and six months before benefits begin. As you will be disabled and unable to work during this time, it is important to plan now on how you will meet monthly expenses during this period.

Let Us Help You Today

At Farrell Disability Law, we can review your LTD policy and help ensure you get your benefits in the quickest amount of time possible. To request a consultation in our office, call or contact our Jacksonville long-term disability attorney online today.

Resource:

policygenius.com/disability-insurance/learn/how-does-long-term-disability-insurance-work/

https://www.mydisabilitylaw.com/understanding-the-elimination-period-in-your-long-term-disability-policy/

American Heart Month Raises Awareness About Heart Disease

During February, American Heart Month raises awareness of the risks posed by heart disease. According to the Centers for Disease Control and Prevention (CDC), it is a leading cause of disability and is responsible for one out of every four deaths each year.

Genetic factors make you more likely to suffer heart disease but smoking, being overweight, eating an unhealthy diet, leading a sedentary lifestyle, or working in a high-stress environment all increase your risks. Among the most common types of heart conditions that can result in long-term disabilities include:

• Angina: These are pains that feel like a tightness or squeezing in your chest, which occur when the muscles in the heart do not get enough oxygen.
• Arrhythmia: This is when your heart beats irregularly, resulting in lightheadedness and a fluttering feeling in your chest.
• Coronary artery disease (CAD): The most common type of heart disease, this involves narrowing and hardening of the arteries.
• Heart attack: This is when arteries narrow and harden to the point that they cut off blood supply to the heart.
• Heart failure: This is when the heart is unable to adequately pump blood to other parts of the body.
• Stroke: This is when blood clots form and lodge in blood vessels within the brain.

The American Heart Association encourages people throughout the month of February to make healthy changes in lifestyle and regular appointments to check heart health with their family doctor.

Heart Disease and Your Rights To Long-Term Disability (LTD) Benefits

Heart disease can impact your ability to work or perform certain types of tasks on your job. In these cases, you may be entitled to long-term disability (LTD) benefits. One of the first steps you need to take if you suffer from any type of heart disease or have risk factors is to review your LTD policies. Under the Employee Retirement Income Security Act of 1974 (ERISA), your employer is required to provide a copy of all policy-related documents, free of charge and at your request.

Review your benefits carefully to ensure there are no exclusions in regards to heart conditions. Documenting heart disease for a claim can be challenging. To protect your rights to benefits, follow these steps:

• Make regular appointments with your doctor;
• Undergo any testing they recommend;
• Document all medications or treatments prescribed;
• Keep a journal detailing your condition and the impact it has on your daily activities.

Let Us Help You Today

At Farrell Disability Law, we help people with heart disease get the LTD benefits they are entitled to. Reach out and contact our Jacksonville long-term disability attorney to schedule a consultation in our office today.

https://www.mydisabilitylaw.com/make-reviewing-long-term-disability-coverage-one-of-your-new-years-resolutions/

Determining The Length Of Time You Can Collect Long-Term Disability Benefits

Most people think long-term disabilities will never happen to them, particularly if they are young or in otherwise good health. Unfortunately, serious illnesses and injuries can impact you at any time and prevent you from working for a period of months or even years. In these situations, disability insurance provided by your employer provides a safety net, helping to ensure you and your family are provided for.

LTD policies cover disabilities that prevent you from working for over one year. To determine how long you are entitled to receive LTD benefits, review the terms of your policy. The Employee Retirement Income Security Act of 1974 (ERISA) requires employers to provide copies of all policy-related documents to their workers, free of charge. The benefit period, as well as other important information such as the benefit amount and policy exclusions, will be included under the summary of coverage. Generally, benefit payment periods range from between two, five, and ten years.

Should You get Additional LongTerm Disability Coverage?

If your LTD policy only covers you for a few years, you may want to consider additional coverage. To accurately assess the need, it is important to be aware of how long most long-term disabilities last. According to Guardian Life Insurance, the average amount of time to collect long-term disability benefits is 2.5 years. However, this is only an average. Depending on the underlying cause, long-term disabilities could prevent you from working for the rest of your life.

You can purchase additional LTD insurance to supplement your employer-provided policy through private insurers. While longer benefit periods naturally cost more, you may be able to find one that extends for ten years or even until you reach retirement age for not much more than you would pay for a five-year policy. Those most likely to benefit from a longer benefit period include:

• People who work in physically demanding occupations, such as construction workers;
• Those who rely on their hearing or vision heavily, such as musicians, sound engineers, emergency workers, and truck drivers;
• Those who rely on fine motor skills, such as doctors, dentists, and assembly workers;
• Anyone with extensive student loan debts, which would still need to be repaid despite a long-term disability.

Let Us Help You Today

At Farrell Disability Law, we help to ensure people suffering from long-term disabilities get the benefits they are entitled to. For help in filing your claim, contact our Jacksonville long-term disability attorney and request a consultation in our office today.

https://www.mydisabilitylaw.com/five-common-questions-about-long-term-disability-insurance/

TBI And Long-Term Disabilities

The Centers for Disease Control and Prevention (CDC) reports that traumatic brain injuries are a leading cause of long-term disability in the United States. They often occur in car, bike, and pedestrian accidents, due to slips and falls, and as a result of a lack of proper safety precautions when engaged in sports or recreational activities.

Even a seemingly minor blow or jolt to the head can disrupt neural pathways in the brain. While symptoms may be subtle at first, serious long-term impairments can occur as a result. These include:

• Physical impairments, resulting in a loss of balance and coordination;
• Sensory impairments, resulting in the loss of hearing or sight;
• Cognitive impairments, impacting memories and the ability to perform even simple tasks;
• Communication impairments, making it difficult to convey thoughts and feelings or understand what is being said.

Long-Term Disability Benefits For Traumatic Brain Injuries

If you suffer long-term disabilities as a result of TBI, you may be entitled to benefits through an employer-provided insurance policy. However, providing proof of your condition and the impairments you suffer as a result can prove challenging. Doctors have long relied on medical questionnaires in which victims self-report symptoms, which are often scrutinized and disputed by insurers. A newly developed blood test could make the process of applying for LTD benefits easier by providing more concrete proof.

According to a January 2021 ABC news report, an American company recently developed a handheld device that can be used by doctors and hospital emergency staff in detecting changes within the blood of TBI victims. Within 15 minutes of giving the simple test, medical providers can identify signatures within the blood that indicate a brain injury has happened. This can prompt them to run additional testing, such as magnetic resonance imaging (MRI) and computed tomography (CT) scans to further detect the degree of damage done.

Blood test results could also be used as medical evidence when filing disability claims, in combination with other medical records, testimony from the doctor, and statements from the victim as well as their family members.

Let Us Help You Today

Traumatic brain injuries (TBI) can impact every area of your life and may prevent you from working now and in the years to come. At Farrell Disability Law, we are dedicated to helping TBI victims get the long-term disability benefits they deserve. Call or contact our Jacksonville long-term disability attorney online and request a consultation in our office today.

Resource:

abcnews.go.com/Health/traumatic-brain-injury-test-game-changing-concussion-experts/story?id=75179824

https://www.mydisabilitylaw.com/autoimmune-disorders-and-social-security-disability/