Using Experts to Build a Long-Term Disability CaseAugust 06, 2014
I have many clients who have had to rely on long-term disability benefits to support themselves following illness or injury. While the insurance companies often pay these benefits without hesitation at the start, those companies begin to cut people off once they realize the cost of maintaining the benefits over time (particularly when my clients are many years away from retirement age). It’s important to consult with a lawyer as soon as possible.
Most long-term disability policies pay an ill or injured person for the first two years as long as they can prove they can’t return to their original jobs. But once this two year period runs out, my clients need to demonstrate they are incapable of working at any job. It is much harder for an insurance company to swallow thirty five years of payments for a 30 year old who can never return to gainful employment, then it is for them to pay someone who is already 63 and only two years away from retirement.
That’s where knowledge of the law in this area comes into play, and when I call in the right experts for the job. First, I use experienced specialists such as orthopedic surgeons or psychiatrists to verify my client’s physical or psychological difficulties. Then I add other experts to the mix, such as a vocational expert. This is a person who can examine my client’s education and work history, and take into account any language barriers, or the physical or emotional realities of potential jobs suggested by the insurance companies, or the realities of the workforce itself (including statistical data about hiring practices and the limited employment lifespan of disabled workers).
Using the right experts is essential, and I do so to build your winning case. For more information, visit our long-term disability claims section.
Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader's specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.