If you face a situation where your long-term disability claim with Social Security has been denied, you should not despair. Many long term disability claims which succeed in the end are usually denied initially, and in fact, a number of insurance companies seem to reject nearly all claims at the initial level, irrespective of their merit. Therefore, you should not be astonished if you receive a first rejection, and neither should you be disheartened. With perseverance, patience and the help of a knowledgeable long term disability lawyer, you will significantly increase your chances for a fruitful appeal.
A long term disability lawyer will find out if you are qualified
In order to be eligible for long term disability under Social Security, you must be considered completely insured, which is the completion of 40 quarters or 10 years of work in which Federal Insurance Contribution Act has been taken out. Those who are considered currently insured, having completed six quarters of work out of the last thirteen successive quarters may also be entitled to some benefits if they should become disabled.
Moreover, Social Security uses a definition of long-term disability that is considered to be stricter than the standard used by profit-making insurers. With Social Security, a person is considered to be disabled if they are not capable of carrying out the responsibilities and the work involved in the job by which they are qualified to do by education or training and where the nature of any such incapacity stops them from doing any other work after a period of twelve months or such condition leads to the individual’s early death.
Hire a long term disability lawyer before it’s too late
If you are considering hiring a long term disability lawyer to handle your case, you should do so as soon as possible. A good number of the plaintiffs wait until they have received their denial letters to employ a lawyer, however others work with their attorney when filing their first claim. Every time you choose to hire an attorney, look for a professional attorney who specializes in ERISA law. He or she will work to put your case in the best light possible, usually by getting more medical evidence or asking for views from your doctors or occupational experts. Furthermore, many insurance companies and plan managers, whether fair or not, appear to take a disability case more seriously when you are represented by an expert. Remember that a long term disability lawyer will only charge you if you win the case.