How Can A Disability Lawyer Help Me?
You are surgeon and become inflicted with a disease making it
impossible to perform surgeries ever again. You are still able to work
in the office as a medical doctor, but your days of surgery are over.
You decide that you need to file a disability claim seeing how you have
become disabled from your life's work. The insurance company decides to
deny your claim stating that your are still physically able to work
therefore are not rendered disabled. What should you do? Should you
listen to the insurance company and take their decision as final? I
think not. You are unable to keep your standard of life. You need help
fighting the insurance company. This is where a disability lawyer can
help you.
A disability lawyer can help you to file an appeal
against your insurance company and fight for you to make sure that you
get the health benefits you deserve. You have spent your entire life
learning to be a surgeon and all of a sudden you are unable to perform
surgeries due to a disease. This constitutes a disability to maintain
the income and lifestyle that you have grown accustomed to. You deserve
benefits from the insurance company you have been paying so long to
protect you.
If the appeal that your disability lawyer files
seems to go no where, they begin to prepare for a lawsuit. They will
gather any and all evidence necessary to prove that you are disabled
and should be given health benefits. They will also prepare you for any
problems or situations that may arise. They will fight for you every
step of the way to make sure that you get what you deserve and that the
insurance company keeps their end of the policy.
Its been proven
that individuals that utilize a disability lawyer have a 600% greater
success rate in their disability claims. Don't let insurance companies
get away with taking your premiums and not pay out when you need them
to.
Its sad that insurance has become such a one way street.
Don't let them take advantage of you, get the help you need from a
disability lawyer and let them get you the settlement you deserve.
Disability Attorney - Dell and Schaefer Attorneys
Houston Long Term Disability Attorney Offers Solutions for Denied Claims
HOUSTON, TX, Jul 13 (MARKET WIRE) --
Houston long term disability attorney Marc Whitehead acknowledges that it
has become common practice for insurance companies to systematically deny
valid long term disability insurance claims as a means of containing
costs and increasing profits.
One of the common problems clients face is having their long term
disability claims denied by insurance companies. The law and procedures
governing the disability claims process differs depending on whether or
not the client claim is "pre-empted" by Federal Employee Retirement
Income and Security Act (ERISA) law. If an employer has paid any part of
the disability insurance premium then the insurance plan will be governed
under Federal ERISA law and procedures. If the policy is purchased
privately by an individual, the policy is normally governed by state
insurance law.
The process of filing for benefits is complicated and policies can differ
regarding the definition of "disability." Insurance companies often
delineate a claim based on the inability to perform one's "own occupation"
versus "any occupation" after some period of time. Many carriers will
promptly stop paying claims after the expiration of the initial "any
occupation" standard of disability.
"Many people who are denied their long term disability benefits simply
feel they have no recourse," said Houston personal injury lawyer
Whitehead. "The insurance companies strive to protect their assets, not
the rights of the policy holders. It is our goal to secure the maximum
long term disability benefits for our clients."
The law office of Marc Whitehead is familiar with ERISA preempted claims
and can assist clients faced with claims which are denied or underpaid.
Whitehead is board certified in Social Security Disability Law by the
National Board of Social Security Disability Advocacy and has served
individuals in Houston, Galveston and surrounding areas with long term
disability claims.
About Marc Whitehead & Associates Attorneys at Law LLP
The attorneys of Marc Whitehead & Associates are experienced in Texas law,
and offer professional and compassionate legal assistance to clients in
the greater Houston area and across Texas. Founded by personal injury
lawyer Marc Whitehead, the firm has expertise in long term disability and
social security denials, wrongful death, motorcycle and 18 wheeler
accidents.
Article Source
Disability Attorneys
Having a loved one receive some body injury as a result of negligence,
libel, slander, attack or through an accident can be emotionally
draining and traumatic especially if the injury causes the person
physical, mental or emotional pain. Worse still, the may make the person totally redundant to the extent that the person may
not be able to work or be productive. Medical expenses may exceed
insurance benefits and many people are unable to afford the high
hospitalization costs, rehabilitation and surgery. This is frustrating
for the next of kin. Somebody is responsible for these expenses because
after all, the injury was inflicted by someone else. Personal injury
attorneys in Toronto offer a solution by filing law suits on the
injured person’s behalf in a bid to recover damages from the
responsible party.
Due to the complex nature of personal injuries, there is a strict time
frame set within which a person can be allowed to sue. Personal injury
attorneys in Toronto deal with a number of personal injury cases
including brain and spinal cord injuries, car accident injuries,
accident benefits claims, wrongful death, serious personal injury and
long term disability. They may be caused by accidents, assault, medical
malpractices and faulty products. In the event of such cases, personal
injury attorneys assess the injury to determine if the nature of injury
is recognized by the law.
In addition they will gather all the information and evidence in
regards to the claim that is required to give a strong case legally. will monitor the deadlines set so that the rights to compensation are
preserved and also see to it that they make arguments during trials,
negotiate with the opposing counsel and represent the client’s
interests during the entire process. Compensation entitlement may be
done on the basis of time lost from work, medical bills and ongoing
costs incurred for the treatment of injuries, pain and suffering, and
so on. Personal injury attorneys in Toronto assist in the estimation of
the value of a victim’s claim based on previously concluded cases. They
go ahead and liaise with insurance companies to ensure that there is
swift payment of insurance claims and medical bills.
Consumers purchase products with the assurance that the product bought
will deliver and if it causes bodily harm, then it is the right of the
plaintiff to make sure that all the people who played a part in its
production and distribution pay the price and represent the rights of
the said consumers. Personal injury attorneys in Toronto are at par
with the law regulations as pertains to product liability and faulty
products. Details on how to hire the services of a personal injury
attorney in Toronto are accessible online. Legal charges vary from one
firm to the other and are also dependent on the circumstances of an
injury. It is important to seek the services of reputable lawyers.
Personal injury attorneys in Toronto may not promise instant recovery
but can guarantee a good settlement.
Disability Attorney - Dell and Schaefer Attorneys
Legal Remedies for Disabled Workers
One of the most disturbing problems faced by working people is where to obtain income or help when you are disabled and can no longer work, or when you believe you have been unfairly terminated from your job. This article discusses benefit programs for both workers and non-workers, as well as employment-related causes of action based on Federal law.
Many people are not aware that Social Security has a disability benefits program. For people with a good work history on the books, there is the SSDI program in which benefits are roughly correlated to your average salary. For those with little or no work history, the SSI program provides a basic income for people who have few or no assets. Both programs provide benefits for spouses and children under certain circumstances. SSDI provides Medicare coverage, no matter what your age, and SSI provides Medicaid coverage.
In order to obtain these benefits, you must be able to show that, not only can you no longer do your regular work, but you cannot engage in any other work which exists in significant numbers in the national economy. It is not easy to meet this burden of proof, but those who are older, less skilled, and less educated have an easier time of it.
The first step to take in securing these benefits is to obtain an application from your local Social Security office. If you are not sure whether you qualify for either program, you should apply for both. Frequently, a Claims Representative will try to discourage you from applying for benefits, or from appealing a denial of benefits. If you believe that you can no longer work due to physical or mental disabilities, you should not allow Social Security personnel to discourage you from filing for benefits, or appealing their denial. There is a four-step administrative procedure that must be followed, and Federal Court is a last resort. It is very helpful to have an attorney or representative assist you from the initial stage. However, once you reach the third stage - the hearing before an Administrative Law Judge - it is best to have an attorney or representative at that point and beyond. This is because if you lose the hearing, you will have to wait up to 2 years before you can get another hearing. In certain circumstances, you may not be able to get another hearing if certain errors are made at the first hearing. Fees for representation are usually on a contingency basis and are limited by law to 25% of the claimant's retroactive benefits.
The most important aspect of a Social Security disability or SSI claim is obtaining adequate medical documentation of your illness or disability. It is vital that your physician or health care provider support your application for benefits. He or she will be asked by Social Security to document your limitations with respect to work. A supportive doctor can make your case; an antagonistic doctor can cause you to lose it. This situation is particularly troublesome for people who suffer from controversial or little-known illnesses such as Chronic Fatigue Syndrome or from a combination of illnesses which, by themselves, are insufficient to be disabling. Another reason to have a competent representative is so that your representative and your doctor can work together to help you win your benefits.
A more troubling aspect of these claims is that they take a long time to process. With some variation, the average case takes about 18 months to 2 years from initial application to hearing decision. It could take longer. Most claims are denied at the initial level. Of those appealed to the reconsideration stage (Stage two), about 14% are granted. The reconsideration stage has been eliminated in NY. The overwhelming number of disputed claims are won at the Stage three (hearing) level.
What can be done while these claims are pending? You should know that most working people would be eligible for the New York State short-term disability benefits program which is administered by the Workers' Compensation Board. These benefits are minimal in amount, and last up to six (6) months. They are a short-term solution. Denial of these benefits can also be appealed.
In addition to Social Security and New York State Disability, many people may be eligible for additional benefits by virtue of having worked for an employer who provides a private employee benefit plan, or by virtue of membership in a labor union. These plans are governed by a Federal statute called the Employee Retirement Income Security Act (ERISA).
| ||
Dell & Schaefer has represented thousands clients against major
insurance companies as a disability insurance lawyer
You must understand the intricacies of your disability income policy to know if you are totally or residually disabled in your occupation. Do not allow yourself to be confused.
Many policies provide for both total and residual (partial) disability benefits. In such policies total disability is usually defined as the inability to perform the substantial and material duties of your occupation, or some variation thereof. Residual disability is often defined as the inability to perform one or more duties of your regular occupation, or the inability to perform these duties for as much time as before, and you have suffered a loss of at least 20% of your pre-disability income.
These provisions seem strikingly similar, but they are not. Often, a claimant may fit both the total and residual disability definitions. In such situations, an insurance carrier often approves residual disability benefits quite quickly. Many claimants automatically assume that if they are working at all they are not totally disabled, but they must be partially or residually disabled. However, this is often not the case and not the protection that they have been paying premium dollars for. Many insurance carriers utilize such ambiguous language in writing disability income policies because claimants, unfamiliar with contract interpretation, will often rely on the carrier’s reading of the policy. However, it is important to note that in most states, ambiguous contract language is decided in favor of the insured. Many individuals are not aware of this fact and thus, look to the writer of the contract for clarification, their insurance carrier.
The reason insurance carriers would rather pay residual disability benefits rather than total disability benefits is simple. Most disability policies provide that an individual with a partial disability will only be paid through the age of 65, while an individual on total disability benefits may be paid for the duration of the individual’s life. Moreover, partial disability benefits are based on the percentage of earned income lost. Thus, an individual receiving residual, rather than total disability benefits may receive a reduced benefit or no benefit at all if his monthly income exceeds a certain percentage of pre-disability earnings. Finally, in the event of a buyout of the contract, an individual would be more apt to surrender his or her contract for a smaller settlement, if the individual’s disability were deemed partial rather than total. This practice saves insurance carriers hundreds of millions of dollars each year.
We have uploaded
for your review a summary of a disability case we
recently handled that dealt with the issue of Total
v. Residual disability benefits. The name of he doctor
has been changed for confidentiality reasons.
Our
Client, a veterinarian, suffering from fibromyalgia was was receiving
long-term disability benefits for 9 years, when his disability carrier
decided to stop paying him. Not only did his carrier decide to stop
paying, but they sued him in Federal Court for 9 months of back
benefits that they paid under a reservaton of rights.
In response to the Carriers unreasonable actions, we filed a
counter-suit for breach of contract and demanded reinstatement of the
policy. The carrier agreed that our client was suffering from
Fibromyalgia, however the carrier felt that the our client could return
to work after nine years and practice as a full-time Veterinarian.
After several months of litigation and depositions of our client, his
treating physicians, the carrier's doctors, the insurance carrier's
claim handler, and the carrier's director of disability income claim,
the insurance carrier entered into a confidential lump-sum buyout
agreement with our client.
Source
Disability Attorney Insurance Disability Benefits
Lawyer
You must understand the intricacies of your disability income policy to know if you are totally or residually disabled in your occupation. Do not allow yourself to be confused.
Many policies provide for both total and residual (partial) disability benefits. In such policies total disability is usually defined as the inability to perform the substantial and material duties of your occupation, or some variation thereof. Residual disability is often defined as the inability to perform one or more duties of your regular occupation, or the inability to perform these duties for as much time as before, and you have suffered a loss of at least 20% of your pre-disability income.
These provisions seem strikingly similar, but they are not. Often, a claimant may fit both the total and residual disability definitions. In such situations, an insurance carrier often approves residual disability benefits quite quickly. Many claimants automatically assume that if they are working at all they are not totally disabled, but they must be partially or residually disabled. However, this is often not the case and not the protection that they have been paying premium dollars for. Many insurance carriers utilize such ambiguous language in writing disability income policies because claimants, unfamiliar with contract interpretation, will often rely on the carrier’s reading of the policy. However, it is important to note that in most states, ambiguous contract language is decided in favor of the insured. Many individuals are not aware of this fact and thus, look to the writer of the contract for clarification, their insurance carrier.
The reason insurance carriers would rather pay residual disability benefits rather than total disability benefits is simple. Most disability policies provide that an individual with a partial disability will only be paid through the age of 65, while an individual on total disability benefits may be paid for the duration of the individual’s life. Moreover, partial disability benefits are based on the percentage of earned income lost. Thus, an individual receiving residual, rather than total disability benefits may receive a reduced benefit or no benefit at all if his monthly income exceeds a certain percentage of pre-disability earnings. Finally, in the event of a buyout of the contract, an individual would be more apt to surrender his or her contract for a smaller settlement, if the individual’s disability were deemed partial rather than total. This practice saves insurance carriers hundreds of millions of dollars each year.
We have uploaded
for your review a summary of a disability case we
recently handled that dealt with the issue of Total
v. Residual disability benefits. The name of he doctor
has been changed for confidentiality reasons.
Source: DisabilityAttorneyInsurance
