preparing yourself for an injury lawsuit

Difficulties You May Have With Your Long Term Disability Claims And How To Overcome Them

Filing long-term disability claims may seem like a simple enough process, but you may be surprised at how often a claim is denied. There are usually many problems noted with the filing of these claims, and all of them can prevent you from accessing the money you paid into your long-term disability insurance. Here are a few of the difficulties you may have with your claim and how to overcome them, possibly with an accident and personal injury attorney's help.

Not Enough Evidence

You could have a mountain of evidence regarding your injuries, and it might not be enough for a claims adjuster to decide that you should receive your benefits. Why? Because a long-term disability claim must show that you will have this disabling condition for many years to come, and that it will prevent you from doing almost any job available. While most people have the evidence about their injuries, they fail to provide evidence that will show that their working days are over. You can get this kind of evidence by requesting an appointment and assessment from a licensed occupational therapist.

Your Employer Has Adapted the Job to Your Circumstances

Another issue that often gets claims denied is when an employer provides as many adaptations for the job as possible in order to accommodate your present situation. This is quite the catch-22. If you refuse to work with these adaptations, you may be seen as lazy and uncooperative from a legal standpoint. Yet, if you do work with the adaptations, you will no longer be eligible for long-term disability benefits. In this instance, it is best to consult an attorney to discuss how to best approach this very serious quandary.

You Have Returned to Work for a Very Limited Number of Hours Each Week

Most people find that they cannot wait for their long-term disability insurance claims to be resolved. Money is tight at home, and bills are piling up. Your home could go into foreclosure while you wait on appeals and decisions. Even if you return to work for a couple hours each week to scrape together something for the mortgage company or keep your electricity on, that can negatively impact your claim. 

Remember- you are attempting to show that you have a longstanding disability that completely prevents you from working, and working any hours for any reason negates your claim entirely. Ask your lawyer what you can do to protect and keep your home in the meantime while you wait for decisions to be made on your claim. Taking out a second mortgage or borrowing from friends and family may be a couple of options that can help you.

For more information, contact Scott E. Shaffman Attorney At Law or a similar legal professional.