Sometimes, workers make the mistake of filing for disability alone. By the time a lawyer is involved, too many mistakes have been made. Following are some tips to hire a disability lawyer. Following the tips could be the difference between winning or losing.
Disabled workers have two possible channels for receiving benefits. The first is a long-term disability insurance policy, or LTD. The second is through the Social Security Administration. Both have particular procedures that must be followed. A knowledgeable attorney can insure that clients follow the procedures. This way, benefits can’t be denied on a technicality. A Toronto disability lawyer can even help a worker reopen old, abandoned benefits claims.
Workers usually make one of three common mistakes when filing a claim. First, because they do not read documentation carefully, they miss deadlines. Second, they decide to quit their jobs before they apply for LTD benefits. Third, they work while disabled because they have good intentions to continue to work. However, an employer uses statements made and actions taken during that period to claim that the employee was not disabled.
Consult a lawyer before filing a claim. Too many people wait until they have already been rejected. It is best to let an attorney evaluate a case as soon as workers realize their disabilities will prevent them from continuing the job. Attorneys can also exhaust all possible benefit options, including some the client may not have known about.
Lawyers also help to make sure a client has up-to-date medical records. Lawyers also translate the doctor’s restrictions to the insurance company or to the SSA. If needed, lawyers can help their clients obtain supplementary medical advice and evidence.
Lawyers working with LTD may have to work with ERISA. This stands for the Employee Retirement Income Security Act. An employer-issued LTD policy fall under the umbrella of ERISA. A policy purchased directly by the worker does not. This is true whether the LTD policy is purchased through the worker’s small business or individually outside the workplace.
ERISA says that an LTD plan manager can determine a claimant’s eligibility. It also sets up a 180-day appeal period. Workers have to file an appeal and wait 180 days before they can bring a lawsuit. It is important to know whether an attorney has extensive experience with ERISA or not.
Most lawyers charge a contingency fee. This means that they receive no payment unless the client secures benefits. If a client is working with Social Security, the SSA must approve the contingency arrangement. The maximum that lawyers can receive is twenty-five percent of past-due benefits. Be aware that if a client’s case requires an unusual amount of work, lawyers can file a fee petition. This means that lawyers can ask the SSA to let them claim more than twenty-five percent.
Consulting an attorney during a disability claim makes sense. Lawyers help clients compile thorough documentation. They also help clients to discover all possible alternatives. The tips to hire a disability lawyer can help workers navigate the disability system and win.
Fight for your legal disabled rights in Ontario, and get your disability claims approved by your insurance company with the help of a Toronto disability lawyer. If you live outside of the GTA, be sure to find your local Ontario disability lawyer to help you with your claims.