Great Tips to Hire a Disability Lawyer
Many workers try to muddle through the claims system by themselves. They often don\’t call a lawyer until it\’s too late. Follow some established tips to hire a disability lawyer. The lawyer could be the difference between a lifetime of income and a lifetime of poverty.
Workers can receive disability benefits through two channels. The first is an LTD, which stands for long-term disability insurance coverage. The second channel is the Social Security Administration. Both require adherence to strict procedures. Attorneys can make sure that clients follow the procedures carefully. When that is done, a claim cannot be rejected on a technicality. Attorneys can even show clients how to open past benefits claims.
Workers usually make one of three common mistakes when filing a claim. First, because they do not read documentation carefully, they miss deadlines. Second, they decide to quit their jobs before they apply for LTD benefits. Third, they work while disabled because they have good intentions to continue to work. However, an employer uses statements made and actions taken during that period to claim that the employee was not disabled.
Consult a lawyer before filing a claim. Too many people wait until they have already been rejected. It is best to let an attorney evaluate a case as soon as workers realize their disabilities will prevent them from continuing the job. Attorneys can also exhaust all possible benefit options, including some the client may not have known about.
Lawyers can work with doctors to insure that clients\’ medical records are accurate. They can translate prescribed limitations from the doctor to the insurer or the SSA. If needed, lawyers can help their clients obtain supplementary medical examinations.
Any lawyer working an LTD claim may run into ERISA. ERISA, or the Employee Retirement Income Security Act, applies to all employer-issued LTD policies. Policies bought directly from an insurance company do not. This holds true whether the policy is purchased as part of a worker\’s small business or whether the worker purchased the policy independently.
According to ERISA, an LTD plan manager has the authority to deny a claim. Once that claim is denied, the worker has 180 days to file an appeal. If that period passes without resolution, the worker can then sue for benefits. People insured by an employer\’s LTD plan need an attorney who can navigate ERISA.
Lawyers usually work on contingency. They receive no money unless the client wins the case. When working with the SSA, lawyers must get approval from the SSA for the contingency arrangement. The most lawyers can ask for is twenty-five percent of benefits due. If a case requires an onerous amount of work, lawyers can file a fee petition. This means that lawyers can request compensation exceeding twenty-five percent from the client.
Consulting an attorney during a disability claim makes sense. Lawyers help clients compile thorough documentation. They also help clients to discover all possible alternatives. The tips to hire a disability lawyer can help workers navigate the disability system and win.
Author Bio: Don\’t be a victim of your disability! Consult an Ontario disability lawyer about disability concerns. If you are unsure of your rights, make an appointment with a Toronto disability lawyer today.
Category: Legal
Keywords: law, legal, insurance, medical, health, disabilities