If you have a condition that limits your ability to perform your current work, disability attorneys in Augusta GA may be able to help you qualify for long-term disability. These disability benefits are governed by the Employment Retirement Income Security Act or your group insurance plan policies. When you are applying for LTD benefits through an employer-sponsored plan, knowing the application process is crucial to success. Even a simple mistake could mean the difference between long-term benefits and denial of the benefits to which you are entitled.
Common Application Mistakes
One of the first mistakes most applicants make is to assume that you are qualified for disability benefits simply because your employer deems you too sick to carry out your current job duties. LTD policies generally provide their own definitions for disability, which may vary significantly. It is often the subjective decision of your insurer, rather than your employer, that determines whether you are too disabled to work. There are two primary definitions of disability used, including the medical definition, which requires you to be unable to carry out the duties of your own occupation, and the definition which requires you to be unable to perform the duties of any occupation. Many LTD policies begin with the “own occupation” definition and switch to the “any occupation” definition after a period of two years. Another common mistake is relying solely on the human resource department within your organization to provide you with evidence for your disability case. You should be proactive in documenting your disability case using the form provided by your disability insurance company as well as your own medical providers. Forms provided by the insurance company only cover basic information and are often biased. You should not have your doctor fill out these forms without also filling out more in-depth forms that provide a broader perspective of your disability. Such forms include symptoms, limitations and restrictions that make it impossible for you to perform the duties of your job or any other.
Another serious mistake that disability claimants make is to perform activities that they performed prior to becoming disabled against physician recommendation. Any action you take against your physician’s recommendation can be used by your insurer as evidence that you are not disabled enough to require long-term disability benefits.
Other Filing Mistakes
One of the greatest mistakes you can make when filing for disability is to use the lawyer assigned by your LTD insurer. The insurance’s lawyer is affiliated with the company in a way that does not make him or her an ideal representative for your claim. The lawyer is loyal to the insurance company that employs them and it is common to hear of these lawyers encouraging clients to file under disabilities that are difficult to provide evidence for in a claim. Likewise, it is crucial that you work with experienced disability attorneys in Augusta GA who understand the complexities of the application process. An experienced lawyer should be devoted to obtaining a successful claim and have a proven record of success in your area. An inexperienced lawyer may not be familiar with the different types of disabilities that are most likely to get flagged by insurers as difficult to prove, or may not be aware of how to properly document a disability claim.
Contact Our Disability Attorneys in Augusta GA
Call Wilkinson & Magruder, LLP today at (706) 737-0771 to work with Disability Attorneys in Augusta GA you can trust.