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If you're struggling to make ends meet due to a disability, you're not alone. Many people in North Carolina rely on disability insurance to provide financial stability during challenging times.
Disability insurance can be a lifeline, but navigating the claims process can be overwhelming. Don't let the complexities of disability insurance law hold you back from getting the benefits you deserve.
In North Carolina, disability insurance law is governed by the Employee Retirement Income Security Act (ERISA), which sets strict guidelines for insurers to follow. This means that if your claim is denied, you have the right to appeal.
Understanding your entitlement to disability benefits starts with knowing your policy details, including the definition of disability used by your insurer.
Disability Insurance Law Firm in North Carolina
At Daggett Shuler, we understand the complexities of the Social Security Disability claims process and are here to help. 70% of applicants are initially denied, regardless of their case's merits.
Our experienced Winston-Salem Social Security disability attorneys will protect your rights and guide you through the process. We don't get paid until you do.
Qualifying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) in Winston-Salem, NC, requires that your disability prevent you from doing any kind of work.
Having a Winston-Salem Social Security Disability attorney on your side is critical to a successful claims process. Our North Carolina attorneys are Board-Certified Specialists in Social Security Disability Law.
You may be entitled to long-term disability (LTD) benefits from your employer's group disability insurance policy if you're unable to work due to a disabling illness or injury. Many insurance companies will deny legitimate claims or try to limit payments.
Our experienced long-term disability attorneys can help you navigate the claims process and give you the best chance of getting the full amount of benefits you're entitled to.
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Claims Process
The claims process for disability insurance can be complex and time-consuming, but understanding the steps involved can help you navigate it more efficiently. Each phase of the disability application process has its requirements and deadlines, so it's essential to stay informed and seek guidance from a disability lawyer or advocate if you need assistance.
Gathering all the necessary evidence is crucial to a successful claim. An attorney can help you prepare and submit your long-term disability claim, ensuring that it meets the requirements of the insurance policy and includes all the required information and documentation.
Here are some key steps to expect during the claims process:
- Preparing and filing all necessary appeals and documents
- Gathering medical information and other evidence to submit to the Social Security Administration
- Contacting your doctor as needed to obtain medical opinions
- Requesting that the Social Security Administration obtain a particular examination for you
- Representing you at the hearing before the Administrative Law Judge
- Ensuring correct calculations of any awarded benefits
A lawyer can significantly increase your chances of success and help you navigate the disability claims process with confidence and peace of mind. They can handle communication with the Social Security Administration and other parties involved in your case, relieving the stress of dealing with paperwork, phone calls, and other administrative tasks.
Claims Process
The claims process can be a daunting task, but understanding the steps involved can help you navigate it with confidence. To start, you'll need to gather all necessary evidence to support your claim.
You can apply for SSDI or SSI online, by phone, or in person at your local SSA office. It's essential to provide all necessary documentation and information to support your claim.
An attorney can help you gather and organize medical evidence to support your claim. They know what evidence is needed to prove disability and can ensure that your case is presented in the best possible light.
If your claim is denied and you must appeal, a lawyer can represent you at hearings before an administrative law judge. They can prepare you for questioning, present arguments on your behalf, and cross-examine witnesses.
The appeals process can be lengthy and complex, but a lawyer can guide you through each stage, increasing your chances of a successful outcome.
Here's a breakdown of the key steps in the claims process:
Remember, a lawyer can significantly increase your chances of success and help you navigate the disability claims process with confidence and peace of mind.
Work Requirements
To qualify for SSDI benefits, you must have worked long enough and paid Social Security taxes.
There are no work requirements for SSI, but it's based on financial need.
Benefits and Entitlement
To qualify for disability benefits, your disability must prevent you from doing any kind of work, not just your previous job. This is a crucial aspect to understand when navigating the process.
You'll need to meet the SSA's definition of disability, which requires a physical or mental impairment that prevents you from engaging in substantial gainful activity (SGA) and is expected to last at least 12 months or result in death.
The SSA administers two types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Knowing which one is right for you can make a big difference in your claim.
To increase your chances of success, it's essential to consult with a disability attorney or advocate familiar with the process. They can help you navigate the process and ensure you have the necessary evidence to support your claim.
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Insurance
If you're considering disability insurance, it's essential to understand the different types of coverage available. Social Security Disability Insurance (SSDI) provides benefits to disabled people who have worked long enough and paid Social Security taxes.
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To qualify for SSDI, you must have a work history and a certain number of work credits based on your age when you became disabled. Your monthly benefit amount is based on your average lifetime earnings before your disability began.
Long-term disability insurance, on the other hand, provides income protection if you're unable to work due to an illness or injury. This type of policy can be purchased as an individual policy or as part of a group policy through your employer.
Most LTD policies have a waiting period of three to six months after you become disabled before benefits begin to kick in. They typically replace 50 to 60 percent of your income, up to a maximum monthly benefit amount.
It's worth noting that insurance companies can be challenging to deal with, especially when it comes to processing and managing claims. They may try to find reasons to deny or delay legitimate claims, and some may even give policyholders the runaround.
Here are some common tactics insurance companies use to avoid paying claims:
- Requiring you to send and resend documents that they claim they never received
- Claiming you sent the wrong documents
- Making little to no effort to properly evaluate your disability claim
- Making a few attempts to obtain your medical documentation
- Unreasonably denying your claim
- Delaying or refusing to help you process or manage your claim
If you're having trouble getting a response to your questions or being paid benefits that you're owed, it may be helpful to seek the assistance of an experienced attorney who has handled disability claims for years.
Frequently Asked Questions
Do lawyers get disability insurance?
Yes, lawyers typically have access to disability insurance to protect their income in case of illness or injury. This type of insurance can provide financial security for lawyers who are unable to work.
How much does disability pay North Carolina?
In North Carolina, the plan pays 66 2/3% of earnings per day, up to a maximum of $750 per week. Your monthly benefit will be reduced by other income sources, such as Social Security or workers' comp.
Sources
- https://daggettshulerlaw.com/practice-area/social-security-disability-lawyer/winston-salem-nc/
- https://www.essexrichards.com/practice-area/erisa-long-term-disability-claims-north-carolina/short-term-and-long-term-disability-benefit-denials/
- https://www.omalleytunstall.com/long-term-disability-insurance-claims/
- https://deutermanlaw.com/practice-areas/short-term-long-term-disability/
- https://www.essexrichards.com/practice-area/erisa-long-term-disability-claims-north-carolina/
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