Do You Really Need a Lawyer for a Long Term Disability Claim?

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A long term disability lawyer can provide clarity, protect your rights, and improve your chances of success.

Long-term disability (LTD) insurance is designed to safeguard you if a sickness or an accident keeps you from working for the long haul. On paper, it sounds easy — you submit a claim, offer up medical records, and take home benefits. In practice, however, many find themselves mired in delays, denials, and reams of paperwork.

That is a fair question. Do you actually need an attorney for a long-term disability claim? Sure, you can deal with a claim by yourself, but there are good reasons why having an attorney can make a big difference in the result.

1. Understanding the Complexity of LTD Claims

Disability claims in the long term are seldom as easy as completing a form. Insurance companies have strict rules and might interpret policies in their favour — not yours. Policies contain a lot of legal terminology, exclusions, and time frames that can be overwhelming for someone who already has health issues.

An LTD lawyer can:

  • Explain the provisions of your policy and be fully aware of your rights.
  • Pre-empt issues before they delay or deny.
  • Be sure to complete the appropriate forms and bring the appropriate documentation earlier.

2. Typical Reasons for LTD Claim Denials

Insurers reject claims on a number of grounds — some valid, but often of a technical nature. Typical reasons for denial of claims are:

  • Lack of medical evidence to substantiate your disability.
  • Failure to meet deadlines to file forms or appeal a decision.
  • Inconsistencies between claim forms and medical records.
  • Surveillance footage or social media updates that the insurer alleges are against your disability.

An experienced LTD lawyer is aware of how insurers work. They can assist in obtaining solid medical evidence, assisting with your doctors, and presenting your case in such a manner that minimizes the likelihood of denial.

3. The Benefit During the Appeal Process

If your claim is rejected, you usually have a short time to appeal. This is a crucial — and difficult — step. The majority of insurers make you attempt an internal appeal process before you can pursue the issue in court.

An attorney can:

  • Create a strong appeal supported by medical records, expert opinions, and legal reasons.
  • Make sure all deadlines are respected (failing to meet an appeal deadline can close your case forever).
  • Expect the counterarguments of the insurer and counter them preemptively.

Without competent representation, numerous claimants make appeals that are bereft of necessary evidence or legal basis, making it more difficult to prevail down the road in court.

4. Levelling the Playing Field With the Insurance Company

There are whole departments of lawyers, adjusters, and medical consultants working for insurance companies to guard their bottom line. When you take them on by yourself, the playing field isn't levelled.

Having a long-term disability lawyer evens the playing field. Your attorney will:

  • Manage all communication with the insurance company.
  • Fight lowball offers or delay tactics.
  • The insurance company should not violate the law and policy provisions.

5. Reducing Stress During an Already Intensive Period

Claiming an LTD benefit usually happens during a time of physical, emotional, and financial hardship. You don't need the extra headache of battling with an insurance company on top of that.

Your attorney does the heavy work — from paperwork to negotiation — so you can concern yourself with your health and rehabilitation. This sense of peace of mind is probably one of the most overlooked yet precious reasons to hire legal counsel.

6. Contingency Fee Agreements: Now Payment In Advance

The majority of LTD attorneys work on a contingency fee basis, which entails that the attorney will not be paid unless you win your case. This allows access to legal representation even if you're already in financial difficulty due to lost wages.

Having your lawyer's compensation tied to your success also makes you more confident they're in it to win it.

7. Instances When You May Not Require an Attorney

Though it's always a good idea to have an attorney, there are situations when you may be able to deal with the claim yourself:

  • Your disability is clearly outlined, not disputed, and permanent.
  • Your employer and your insurer are helpful and responsive.
  • You're okay dealing with paperwork, timelines, and communication with the insurer.

But even in simple cases, taking a few minutes to talk to a lawyer can let you know you're heading in the right direction — and steer you around errors that might undermine your claim.

8. When Hiring a Lawyer is Highly Advised

You might want to seriously think about hiring a long-term disability attorney if:

  • Your claim has been denied or cancelled.
  • The insurer is asking for an Independent Medical Examination (IME).
  • You're being asked to come in for interviews, or surveillance is suspected.
  • The insurance company is pressuring you to resume work before you should.

Legal aid has been the standard that determines whether or not a person can get the compensation that they deserve, or is left with nothing.

Conclusion

So, do you actually need an attorney for a long-term disability claim? Technically, no — you can file and appeal a claim on your own. But in reality, the intricacies, time limits, and hardball maneuvers of insurance companies make having a skilled attorney a smart investment.

A long-term disability attorney can clarify things, safeguard your rights, and increase your likelihood of success. Most importantly, they will enable you to dedicate your energy towards what is important to you: your health, because they will fight to recover the compensation that you deserve.

In the end, it comes down to this: Would you rather trust yourself against an opponent in a risk-loaded court of law, or would you prefer to have a wise companion along every step of the way?

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