After being diagnosed with a long-term disability, many people depend on the Employer Retirement Income Security Act (ERISA) or private disability insurance policies to obtain benefits. They help people support themselves financially when they cannot work by paying them a certain percentage of their income based on the chosen benefits package.
The first thing that people need to know before filing a claim is whether their medical condition is one of the conditions that qualify for long term disability in the U.S. Consulting an experienced long-term disability lawyer helps them understand their eligibility for benefits and resolve queries they have regarding the process.
What are some of the conditions that qualify for long term disability benefits?
A wide range of medical conditions and combinations of medical conditions qualify for benefits. Examples include brain injury, cancer, anxiety, depression, heart disease, Lyme disease, herniated discs, and migraines. A lawyer assesses your medical condition to determine whether you can file a claim based on the terms stated under your insurance policy.
What are some other factors that affect your case?
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Medical diagnosis.
If you do not provide sufficient medical evidence to support your claim, insurance companies will likely deny it. A qualified physician must provide you with a medical diagnosis of your condition or conditions that led to your disability. You must also provide medical records after your lawyer reviews them. Strong medical evidence ensures that you receive fair long-term disability benefits.
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Link to psychological and physical impairments.
Long-term disabilities have a significant impact on people’s physical and psychological health. They may prevent the person from returning to their jobs because these impairments hinder their ability to work. Many people with eligible medical conditions cannot seek benefits because they fail to establish the link between their disability and impairments. A lawyer prevents the risk of denial on such a basis.
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Activities of Daily Living form.
Insurance carriers require applicants to fill out a form stating their physical limitations and activities they can perform. They also conduct surveillance to gather evidence against the applicant to deny the claim. For example, if the applicant states that they are unable to perform a particular activity, but surveillance captures them doing it, their claim loses credibility.
The guidance of a qualified lawyer can make seeking long-term disability benefits simpler and smoother. They help you understand the legal options after reviewing your policy and protecting your rights.
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