Long-term disability (LTD) insurance provides financial support to individuals who are unable to work due to a serious medical condition or illness. In Michigan, support is available through employer-sponsored plans, private long-term disability insurance, or government programs like Social Security Disability Insurance (SSDI).
Navigating the Social Security disability process can be overwhelming, often necessitating the expertise of a long-term disability lawyer michigan. In order to qualify for long-term disability benefits, you will need to demonstrate that your condition substantially impairs your ability to perform work activities.
Insurers and the Social Security Administration use factors such as medical evidence, vocational limitations, and work history. Unfortunately, most initial claims are denied due to poor documentation or technical errors.
How a Long-Term Disability Attorney Can Help
If you’re dealing with a severe illness or injury, applying for long-term disability benefits can feel daunting. A long-term disability attorney can provide critical guidance by
Gathering Cogent Medical Evidence
A common reason for denied disability claims is a lack of sufficient medical documentation. A lawyer can work with your treating doctors to ensure that all the records you require, including test results, statements from doctors, and histories of treatment, are presented correctly.
Medical reports are not enough; a lawyer can help you obtain physicians’ reports specifically stating how your disease impacts your ability to work. They can also get you independent medical exams, if necessary, to support your claim and counter biased medical reports by physicians who have been hired by the insurance company.
Handling Communication with Insurance Firms
The insurers tend to minimize payments by contesting claims on technical grounds. A good lawyer knows how to outsmart such tactics and negotiate to receive reasonable benefits.
Most claimants unintentionally say something over the phone or on questionnaires completed by insurers that comes back to bite them and results in their claims being denied. A lawyer ensures that everything is tactfully said, protecting you from common pitfalls that can sabotage your claim.
Appealing on Your Behalf
If your initial claim is denied, you can appeal for disability benefits. An attorney can guide you through the appeals process by filing the proper documentation, preparing you for hearings, and presenting sound legal arguments.
The process of appeal is also time-restricted and has to be treated with thorough legal expertise to overcome insurer resistance. Your claim can also be legally prosecuted by an expert lawyer when necessary so that your rights are safeguarded, and you receive benefits to which you are legally entitled.
Maximizing Your Compensation
A seasoned SSDI lawyer in Michigan understands Michigan’s disability laws and can identify additional compensation options, such as workplace injury compensation or Social Security Disability benefits.
In addition to aiding you in securing short-term victories, an attorney can help you develop a long-term strategy to protect your financial security, like ensuring your LTD benefits won’t jeopardize SSDI eligibility. They can also avoid policy loopholes that insurers can exploit to terminate or reduce benefits too early.
Michigan Social Security Disability Lawyer vs. Private Disability Claims
Understanding the distinction between SSDI and long-term disability insurance is essential for Michigan residents seeking benefits.
Social Security Disability (SSDI)
SSDI benefits are federally funded and are offered to individuals with a qualifying work history who are no longer capable of performing significant gainful activity. Unfortunately, the Social Security disability process is often lengthy, and many initial claims are denied. Hiring an SSDI lawyer in Michigan significantly improves the likelihood of approval during appeals and hearings.
Private Long-Term Disability Insurance
In contrast to SSDI, private disability insurance is purchased through an employer. While the benefits may be accessible sooner, insurers will look for reasons to deny claims. A lawyer proficient in long-term disability insurance law ensures policy compliance and fair treatment.
Major Differences Between SSDI and Private LTD Claims
Eligibility
The right to receive SSDI depends upon work credits gained from prior Social Security-covered employment. The applicants must possess adequate work history and paid contributions in the form of payroll taxes to the system. The right to claim private long-term disability (LTD) insurance depends entirely upon the policy.
Employer-sponsored group policies could possibly involve the demand for stable work over some period of time before it starts providing protection, and the bought-in-the-individual policy would then include individualistic stipulations.
A second major distinction is the definition of disability. SSDI requires that a claimant’s impairment keeps them from any SGA, so they are absolutely incapable of working. Private LTD
policies often define disability more expansively, even to cover claimants who are unable to perform the work of their own occupation rather than any occupation at all. This makes it easier to qualify for private LTD claims than SSDI.
Approval Process
The SSDI application process is official and highly formalized, with federal law overseen by the Social Security Administration (SSA). Claimants must present massive amounts of medical records, work history, and financial data to prove their disability to work. The approval process is often lengthy, with most initial claims denied on a technicality or for insufficient documentation. Appeals can last months or even years, and hearings before an administrative law judge are the norm.
Private LTD claims, on the other hand, are controlled by insurance companies with their own policies and approval procedures. While private claims are processed more quickly, insurers will find means of denying coverage, typically based on policy exclusions, lack of medical evidence, or non-adherence to treatment protocols.
Unlike SSDI, private insurers conduct their own investigations, i.e., medical exams, surveillance, and interviews, to determine the legitimacy of a claim.
Benefit Amounts
SSDI benefits are computed by the SSA from a claimant’s lifetime of Social Security-covered earnings. The amount of the monthly benefit is a fixed sum that does not usually replace the full lost income. In addition, SSDI beneficiaries can become qualified for Medicare after 24 months of disability payments, which provides them with health insurance.
Private LTD benefits, however, differ according to the terms of the policy. A majority of policies pay a portion of the pre-disability income of the claimant, usually between 50% and 70%.
Some policies offer cost-of-living increases, while others offer an overall maximum amount of benefits. Unlike SSDI, which only pays total disability benefits, some private policies pay partial disability benefits if an individual is able to work on a restricted basis.
Common Mistakes to Avoid in Disability Claims
Filing for long-term disability benefits requires careful attention to detail. The majority of claimants commit errors that place their claims at risk, leading to unnecessary delays or denials. The following are common errors to avoid:
Inadequacy to Provide Full Medical Evidence
Your disability claim must include full documentation that confirms the extent of your condition. Lack of proper medical records or conflicting doctors’ reports may invalidate your claim.
Missing Deadlines
Disability claims are subject to filing and appeal deadlines. Failing to meet a deadline could mean losing your right to benefits. A long-term disability attorney makes sure all forms are filed on time.
Working in Spite of Professing Disability
Working while applying for disability benefits may lead to inconsistencies that insurers or the SSA may use to contest your claim. It is always best to consult with an attorney prior to making any work activity decisions.
Ignoring Doctor’s Instructions
Failure to follow treatment protocols as advised can lead to the rejection of a claim. The insurers typically claim that the condition of the claimant is not serious if they are not following medical advice.
Not Seeking Legal Advice
The majority of people believe they can process the claim on their own, but they are faced with unexpected roadblocks. A long-term disability Attorney improves your chances of success
Take Action Today
If you or a loved one is struggling to secure long-term disability benefits in Michigan, don’t navigate this complex process alone. The experienced Disability Injury Lawyer Michigan team can help you file a strong claim, appeal denied disability claims, and ensure you receive the compensation you deserve.
We work on a contingency fee basis, meaning you don’t pay unless we win your case. Contact us today.
Disclaimer: The information provided is general and not intended as legal advice. No attorney-client relationship is formed by reading this content.
