While social security disability is a governmental disability payment program, long-term disability is a system that provides for private disability payments. Long-term disability benefits may be available through a private disability policy that you purchased for yourself or through a disability policy provided by your employer as part of an employment benefits package. Generally, private disability policies are governed by state law but employer-provided policies are subject to the federal Employee Retirement Income Security Act (ERISA). Both state law and federal law governing long-term disability claims are governed by complex legislation, and knowing which law applies to your disability claim is crucial in preparing your claim. Preparation of the evidence to support your claim should ideally begin before you leave your job and before you file your claim.
Our experienced attorneys at Varellas & Varellas can help you prepare your case during the administrative appeal process, and thus prepare your case for potential litigation long before a lawsuit is filed. Failure to develop the necessary evidence during the administrative process can severely limit your chance of success on appeal if your claim is denied. We can review your plan and determine the specific steps that must be followed as well as the timelines allowed for appealing any denial of your claim or the filing of a lawsuit.
It is important to understand and follow the specific procedure required by your particular plan. It is also imperative to introduce all of the necessary medical and other evidence at the administrative appeal level since in ERISA cases, the record developed during the administrative process is generally the only evidence the court will consider when reviewing your case and additional evidence cannot be introduced once the final administrative appeal is denied and a lawsuit is filed.
You can often find assistance at your employer’s human resources office to help you file your initial long-term disability claim. If the initial claim for benefits is denied, however, you should seek the help of one of our experienced attorneys quickly in order to avoid the errors and pitfalls that can cause an appeal of your claim to be denied.
Your long-term disability policy may require you to file for social security disability benefits. We can represent you on all of your claims and can help you understand how the various benefits affect each other.
Serving Clients from our Lexington and Louisville Offices
Our attorneys are available in our Louisville and Lexington offices to assist clients with their long-term disability claims.
Free Case Evaluation in Long-Term Disability Cases; Contingency Fee Arrangement Available
Our lawyers will evaluate your long-term disability claim without charge. If we agree to represent you, you can choose a contingency fee arrangement so that you will not pay an attorney fee unless we recover compensation for you, although court costs and case expenses will be your responsibility.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.