How a Lawyer Helps in a Long-Term Disability Case

Dealing with a long-term disability brings unique challenges. First, there is the challenge that comes from the physical, mental, and emotional effects of the disability itself; then, there are the financial ramifications that come from being unable to work. It is imperative that individuals who have workers compensation or long-term disability cases find an attorney who can help them. Fighting for long-term disability from an employer or an insurance company is not easy without legal help.

The federal government has placed guidelines and time limits on filing for long-term disability, governed by the Employment Retirement Income Security Act. An experienced attorney will know what these filing time limits are and will work with the client to make sure that claims filed abide by the rules of ERISA.

Something that often surprises individuals looking to file a lawsuit against their insurer is that they are prohibited from introducing new evidence. This means that when a federal judge looks at a long-term disability suit, he is going to base his decision on the information on the administrative record, which would be the claim filed previously with the insurance company. With this in mind, an experienced long-term disability attorney will make sure that the administrative record contains medical, vocational, and other favorable evidence. That way, when it reaches a judge, all of the pertinent evidence will be available.