Will I need a long term disability lawyer? Why?

The answer to this question is the same as the answer as to why you may need a lawyer to assist you on a social security disability case. And that answer is: those who decide the outcome of your case may not make the correct decision.

Long term disability claim denials occur for several reasons and can be lumped into the following categories.

1. Denials that are correct and appropriate based on a review of the medical evidence.

2. Denials that are incorrect because an incorrect conclusion was reached following a review of the medical evidence.

3. Denials that are incorrect because an individual's long term disability claim was not given proper and/or fair consideration.

Incorrect decisions on long term disability claims, of course, provide a rationale for the availability of legal representation. However, in cases where a person's claim is denied arbitrarily or capriciously, the need for representation is even stronger. Unlike federal disability programs (SSD and SSI), long term disability insurers have a profit motive and a bottom line to protect. And this, unfortunately, affects the rightful disability claims of individuals for whom long term disability premiums have been paid, either by themselves or by their employer.

When should you consult with a long term disability lawyer? Some would advise that a consultation should be obtained prior to the filing of a long term disability claim, and many would advise that this occur prior to the issuance of a denial on an Ltd claim, simply to protect the integrity of the administrative record.




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