• When Should You Hire A Disability Attorney?

When Should You Hire A Disability Insurance Attorney?

From a disability insurance claimant’s filing of their initial application for disability benefits to a courtroom victory, there are four important times when a claimant can really benefit from the expertise of an attorney. Learn more about how important it is to hire an ERISA-trained attorney if you’re seeking benefits under your disability insurance policy.

There Are 4 Times You Can Hire a Disability Insurance Attorney: Applying, Monthly Claim Handling, The Appeal Process & the Litigation Process

There are four “trigger points” in a disability claim: application, monthly claim handling, the appeal of a claim denial, and the litigation process. At the application stage, a disability insurance attorney can help you set the groundwork for your disability insurance  claim – essentially, telling your story to the insurance carrier that holds your long term disability insurance policy. Starting off with a strong disability application that includes all the elements the disability insurance carrier is looking for can significantly reduce the odds that your claim will be denied or you’ll need to appeal.

There are 4 Times You Can Hire a Disability Insurance Attorney: Applying, Monthly Claim Handling, The Appeal Process & the Litigation Process

The Benefits of Monthly Claim Handling

A disability attorney can also help claimants manage their claims. In most cases, even if a claim is approved, that’s not the end of the road – the insurance carrier is likely to follow up with forms, interviews, requests for medical records, or even video surveillance to see whether you’re too disabled to work. By hiring a disability insurance attorney, claimants can delegate these documentation requirements to their legal counsel and focus on more important things.

Why It Is Important to Have a Disability Insurance Attorney Represent a Claimant for an Appeal

One of the most common points at which a disability insurance claimant will hire an attorney is when the disability insurance application has been denied. Many long term disability insurance policies require a claimant to file an appeal of the denial before the disability insurance claimant can sue. In an ERISA (or group) claim, the appeals process provides claimants with a final opportunity to create a complete administrative record. If an important piece of information doesn’t make it into this record, it can’t be considered later – even if it might otherwise be dispositive.

The Importance of Having an ERISA Trained Lawyer

When a claimant has unsuccessfully appealed the denial of their disability insurance  claim, there is one option left: a disability insurance lawsuit. Although disability claimants technically can represent themselves in a lawsuit (and are called pro se litigants), attorneys have to graduate from law school and pass a bar exam before they ever appear in a courtroom – and for good reason. Having a lawyer with specific experience in ERISA claims ensures you’ll be able to navigate the complicated web of disability insurance claims with ease. Under ERISA standards, a judge will reverse an insurer’s denial of a claim only if two factors are met:

(1) the claimant is disabled; and

(2) the insurer’s denial was either “arbitrary” or “capricious” (or both). 

Simply proving the claimant is disabled is not enough.

If you’ve reached one of these pivot points in your own disability insurance claim, it’s never too late to reach out for legal assistance. At Dell & Schaefer, our team of disability insurance lawyers is available nationwide. Let us provide you with a free consultation to discuss your disability insurance claim.

Comments (3)

  • I never thought there was someone you could run to if an insurance company declines your disability claim.
    We can never tell what might happen in the future, and we always want to be prepared for the unexpected such as disability, but having this knowledge is a relief, and I’m glad I came across this article. I will surely share this with my husband and see how he likes the idea of hiring a disability lawyer for the future.

    Bella Jun 9, 2022  #3

  • Thanks for pointing out that a social security disability insurance lawyer is often hired when the claimant’s petition is denied. With this in mind, I will convince my uncle to hire one to make sure that his claim is going to be approved by completing all the necessary requirements. He had an auto accident almost two months ago that caused his right leg to get injured.

    Ava Murphy Apr 15, 2022  #2

  • Do you represent for short term claims as well?

    Sandra Haycraft Aug 3, 2021  #1

Leave a comment or ask us a question

Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Dawn P.

I had to quit working after 8 years of dealing with chronic pain from 2 bulging and torn discs from an injury and failey back surgery. I was approved for Long term disability through my employer benefits, with Unum. They covered me with payments for one year, and suddenly sent a letter that their doctors disagreed with my surgeon and pain management doctors, and they felt I could go back to work full time. I hired a local attorney, trying to save some money, but I don’t think he had much experience dealing with big LTD companies such as Unum. He filed terrible appeals on my behalf with little to no effort on his part of building a good case for me. After a year of dealing with his condescending attitude and loosing my final appeal, I decided to call up Dell & Schaefer. I had contacted them a year prior when searching for an attorney. Cesar was willing to take my case and felt I had a good one. But I didn’t want to pay the percentage he was asking for if we won back then. The old saying, “you get what you pay for”, proved to be true in this case and I regretted not hiring him from the beginning!

Once I did hire him, and thank goodness he was still willing to take my case even though he was dealing with defending poor appeals by my previous lawyer, things got moving along for me. Because of his years of experience dealing with Unum, and his record of wins against them, within 6 months we had a settlement I could live with! The stress I suffered before Cesar and weight on my shoulders was gone! Cesar is a kind, caring, attorney who will fight for your rights! His assistant Michal always talked to me when I called in with questions or to check up on my case and never made me feel bad for calling. It was nothing like the previous relationship I had with my other attorney and his staff, who avoided me. Cesar explains the process well and keeps you updated on your options throughout the process. He was worth every penny!

I am grateful for their representation and would recommend anyone with an ERISA case to call him!

***** 5 stars based on 202 reviews

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