Wednesday, September 19, 2018

When Does Long-Term Disability Start?

The very notion of getting injured at work and no longer being able to support yourself is frightening. But what’s even scarier is the fact that if you might not be covered by a Long-Term disability policy in Pennsylvania, if that should happen not being able to work is going to be the very least of your problems. That’s why signing up for a comprehensive program that guarantees that you will receive top-notch benefits and care in the unfortunate likelihood that your ability to provide for yourself and your family becomes impeded. But when and how does Long-Term disability take effect?

Short-Term Disability in Pennsylvania

There are two kinds of disability insurance: Long-Term Disability, and Short-Term Disability.

Short –Term disability insurance is typically provided through your employer and replaces a portion of your insurance for a short period of time before your long-term disability insurance kicks in. It is possible to acquire short-term disability insurance through private companies, but these plans tend t be more costly than they are actually worth.

Elimination Period

Short-term disability can last anywhere from three to six months depending on the elimination period of your long-term disability insurance. The elimination period refers to the time period between the start When Does Long-Term Disability Start?injury or illness and the beginning of the received benefits from the insurance company. Some insurance providers refer to this as a “qualifying” period, during which time the insured is expected to provide for themselves, or hopefully already have some sort of short-term disability policy in place.

Some insurance companies treat this elimination period as a form of “deductible”. So instead of paying a portion of the medical care and expenses covered by the policy, they are placed in a waiting period where they provide for themselves. The elimination period can be as short as 30 days or as long as a year depending on the type of policy and the severity of the disability.

Once the long-term disability policy kicks in, depending on your specific policy, you will receive compensation and benefits that will subsidize medical expenses and loss of wages incurred as a result of no longer being able to work. Long-term disability can last for years depending on the severity.

Long-Term Disability Insurance Attorney in Pennsylvania

If you are thinking about signing up for a long-term disability policy or have questions on how the process works or which insurance company is right for you, contact a disability insurance lawyer who can help you today. Here at Edelstein Martin & Nelson, LLP, we assist individuals throughout the greater Philadelphia area and Delaware. We will help and counsel you on what kind of policy is best for you, should something occur that inhibits you from taking care of your self and your family. Leave no stone unturned when it comes to your long-term wellness.

 

Call (215) 858-8440 or contact us online to have our lawyers discuss policies and insurance companies to help you understand all of your legal options during a free consultation.

The post When Does Long-Term Disability Start? appeared first on Philadelphia Disability Insurance Lawyer.

Thursday, September 13, 2018

Filing for Disability After Carpal Tunnel or Repetitive Stress Injuries

Carpal tunnel syndrome is a common medical condition involving numbness, tingling, or other symptoms in the hand and arm that is the result of a compressed nerve in the carpal tunnel—the narrow passageway on the palm side of your wrist comprised of bones and ligaments. Carpal tunnel syndrome is considered a repetitive stress injury that is usually caused by a person performing the same function repeatedly or being in an awkward position.

Repetitive stress injuries go by a variety of names, including repetitive motion injuries, repetitive strain injuries, regional musculoskeletal disorder, overuse syndrome, cumulative trauma disorder, and occupational overuse syndrome. While these injuries do not involve the types of clearly visible limitations we associate with, say, broken bones, the constraints that carpal tunnel and other repetitive stress injuries place on victims are profound.

As a result, people suffering from a repetitive stress injury can be considered legally disabled. Proving a disability claim due to a repetitive stress injury, however, can be exceptionally difficult for the average person.

Do you need assistance with a long-term disability claim for carpal tunnel syndrome or another repetitive stress injury? You will want to call (215) 858-8440 to schedule a free consultation with Edelstein Martin & Nelson, LLP.

Proving Your Repetitive Stress Injury

A person who is seeking disability benefits for carpal tunnel syndrome or another repetitive stress injury will usually be required to provide medical records that show the impact the injury has on the individual’s ability to perform his or her job. The notes that your primary physician makes about your condition are important, add is your compliance with all recommended treatment.

Filing for Disability After Carpal Tunnel or Repetitive Stress InjuriesDisability benefits are not awarded based purely on the evidence of a repetitive stress injury. Instead, awards are based on proof that the injury affects your ability to do your job.

Some employers will require workers seeking disability benefits to submit to independent medical examinations (IMEs) performed by the employer’s pre-selected physician. While this procedure is referred to as “independent,” such examinations are rarely such. In most cases, doctors are chosen precisely because they will downplay the severity of an injury and state that the employee is cleared to return to work.

You should never submit to an IME without first retaining legal counsel. An attorney may be able to accompany you to your IME and ensure that you do not provide any damaging answers to questions that are otherwise unrelated to your condition.

Again, proving carpal tunnel or any other repetitive stress injury is exceptionally challenging. You will need more than just a doctor stating you have been diagnosed with the condition. You must demonstrate how your injury makes you unable to do your job. An experienced attorney will know how to satisfy these requirements.

Long-Term Disability Insurance Lawyer in Pennsylvania

If you are seeking disability benefits for carpal tunnel syndrome or another repetitive stress injury, it is in your best interest to make sure that you have legal representation. You will want to contact Edelstein Martin & Nelson, LLP.

Our firm has recovered more than $90 million for people just like yourself. Our attorneys can review your case and help you understand all of your legal options when you call (215) 858-8440 or contact us online to schedule a free consultation.

The post Filing for Disability After Carpal Tunnel or Repetitive Stress Injuries appeared first on Philadelphia Disability Insurance Lawyer.

Wednesday, September 5, 2018

Understanding the Impact of ERISA on Disability Claims

The Employee Retirement Income Security Act of 1974 (more commonly known as ERISA) is the federal labor law that governs many long-term disability group plans. ERISA policies are far different from individual policies, and applying for ERISA long-term disability benefits can be extremely confusing and challenging for many people.

ERISA regulates most benefits in these cases, and Edelstein Martin & Nelson, LLP has years of experience handling these types of claims for clients all over Pennsylvania. If you or your loved one needs assistance with any long-term disability claim, you will want to call (215) 858-8440 to schedule a free consultation.

Important Aspects of ERISA Long-Term Disability Claims

It is important to understand that an employer’s insurance company, not the employer, decides whether a person’s disability is compensable. In many cases, insurers will seek extraordinary evidence of such disabilities.

Numerous complications can arise in these types of cases. Some of the most common issues in ERISA long-term disability claims include, but are not limited to:

  • Defining Disability — The definition of what constitutes a disability can vary by plan. Certain policies have very narrow definitions, while others may be broader. An experienced attorney can assist you in proving your disability when the requirements are more rigid.
  • Waiting Period — Most long-term disability plans involve elimination periods in which people are ineligible to receive any benefits. Depending on the policy, this period may be 30, 90, 180, or some other specified number of days. In most cases, people must exhaust all short-term disability benefits before seeking long-term disability benefits.
  • Tax Considerations — Certain policies may involve taxable benefits, while other plans may provide benefits that are tax-free.
  • Social Security Disability Insurance (SSDI) Applications — Many providers of long-term disability benefits will require people to also apply for SSDI benefits because the SSDI benefits can be offset against possible long-term disability benefits.
  • Percentage of Salary — When a person is approved for long-term disability benefits, the amount awarded is based on the person’s salary. In most cases, the individual will receive roughly 60 percent of his or her salary.
  • Duration of Benefits — A plan should also establish how long a person can receive long-term disability benefits for. In some cases, benefits are provided for a specific number of years. In other cases, the benefits may last until the individual reaches a certain age.

It is important for people to keep in mind that insurers are always looking for reasons to deny long-term disability claims. One of thDisability Insurance Policies in Philadelphiae most common reasons for denial of claims concerns a person’s failure to follow doctor’s orders. In other cases, insurance companies may conduct undercover surveillance of claimants. You will want to make sure that you are working with an experienced attorney so you can avoid some of the most common mistakes that lead to claims being denied.

Find a Long-Term Disability Insurance Attorney in Pennsylvania

Do you or your loved one have an ERISA long-term disability claim in Pennsylvania? Contact Edelstein Martin & Nelson, LLP as soon as possible.

Our firm has recovered more than $90 million for our clients. Our lawyers can provide a complete evaluation of your case as soon as you call (215) 858-8440 or contact us online to schedule a free consultation.

The post Understanding the Impact of ERISA on Disability Claims appeared first on Philadelphia Disability Insurance Lawyer.

Wednesday, August 29, 2018

Common Insurance Company Tactics in Long-Term Disability Claims

People who have disability insurance claims are unable to return to their jobs for certain periods of time. When an individual is unable to work again for six months or longer, he or she will have what is considered a long-term disability insurance claim.

Because a long-term claim will involve payments being made for longer periods of time, insurance companies frequently place such claims under greater scrutiny. Some people with perfectly valid claims can find themselves having claims denied for various reasons.

Any person who needs assistance with a disability insurance claim should immediately contact Edelstein Martin & Nelson, LLP. Our firm represents clients throughout the greater Philadelphia area.

Common Issues in Disability Claim Process

When a person files a disability claim with an insurance company, one of the most common issues people face Common Insurance Company Tactics in Long-Term Disability Claimsare concerns about unreasonable delays by the insurers investigating the clams. When claims are approved, some people face delays in obtaining payments. Another common problem people face with these claims concerns partial payments.

Insurance companies can use various delay tactics in their handling of disability claims. For example, some insurers will frequently change the adjuster assigned to a particular case. In other cases, insurance companies will make repeated demands for additional supporting medical information.

An experienced attorney is familiar with these tactics and can help you navigate these types of insurance company issues. Many cases require administrative procedures to be followed before lawsuits can be filed.

Types of Long-Term Disability Benefits

In most cases, a person will be required to have been unable to work for 90 days before he or she can receive long-term disability benefits. Disability payments are a certain percentage of a person’s income.

Depending on certain factors, disability payments are usually between 50 and 60 percent of a person’s regular weekly income. The payments may last for a certain number of years or up until the person reaches 65 years of age.

Insurance companies can make their standards for proving a long-term disability incredibly rigid. You should not have to worry about having to prove that your injuries are preventing you from being able to perform your job.

 

Find a Long-Term Disability Insurance Attorney in Pennsylvania

If you or your loved one suffered serious injuries that will make it impossible to return to work, you will want to contact Edelstein Martin & Nelson, LLP. Our firm has recovered more than $90 million for our clients.

We understand the tremendous financial strain that injuries cause for families. Lost income and medical bills are just two of the types of damages we will fight to seek full compensation for.

You can have our firm review your case and answer all of your legal questions as soon as you call (215) 858-8440 or contact us online to schedule a free consultation. We are familiar with various types of long-term disability claims, including cases involving traumatic brain injuries (TBIs), arthritis, repetitive strain injuries (carpal tunnel syndrome), and other types of injuries.

The post Common Insurance Company Tactics in Long-Term Disability Claims appeared first on Philadelphia Disability Insurance Lawyer.

Thursday, August 23, 2018

Effects of Criminal Convictions on Disability Claims

Many people who find themselves in trouble with the law wonder how a conviction could affect their Social Security disability benefits. The good news is that a conviction alone does not automatically make a person ineligible for disability benefits, but there may be cases in which certain people will not be considered or may have their benefits suspended.

If you are applying for Social Security disability benefits or are concerned about how a recent arrest could impact your benefits, you should not hesitate to discuss your case with an experienced attorney.

Edelstein Martin & Nelson, LLP helps clients in Philadelphia and Delaware with long-term disability claims. You can have our lawyers provide a complete evaluation of your case when you call (215) 858-8440 to schedule a free consultation.

When Convictions Affect Disability Claims

The Social Security Administration (SSA) states that Public Law 96-473 includes provisions precluding consideration of felony-related impairments and confinement-related impairments in title II disability determinations or decisions for people convicted of felonies. The same law also suspends the benefits of disabled workers and childhood disability beneficiaries incarcerated because of felony convictions.

In short, a person is not eligible for Social Security disability benefits if:

  • His or her disability occurred because or was worsened while committing a felony.
  • His or her disability occurred or was worsened while he or she was imprisoned in a correctional facility.
  • He or she is currently in prison after being convicted of a felony (although certain exceptions exist for individuals who participate in approved court rehabilitation programs).

When a person who was already receiving benefits is convicted and sentenced to jail or prison, his or her benefits will be suspended 30 days into his or her period of incarceration. If an individual is released within 12 months, he or she can usually get benefits reinstated without having to file a new application.

long-term disability claims lawyerAnother reason the SSA may decline to provide benefits is if a person has an active warrant for his or her arrest. In such cases, the SSA will not provide any benefits until the warrant is resolved.

Following release from jail or prison, many people may still be ordered to complete periods of parole or probation. In such cases, individuals are still able to receive disability benefits. Any violation of parole or probation, however, can result in benefits being suspended.

The bottom line is that a criminal conviction alone will not make a person ineligible for Social Security disability benefits. Anybody who believes that his or her criminal background might factor into the SSA’s decision to provide benefits should have an experienced lawyer review their application before filing.

Find a Long-Term Disability Insurance Attorney in Pennsylvania

If you are concerned about how your criminal record could impact your ability to obtain or retain disability benefits, you will want to make sure that you quickly find legal counsel for assistance with your claim. Edelstein Martin & Nelson, LLP assists individuals throughout the greater Philadelphia area and Delaware.

Call (215) 858-8440 or contact us online to have our lawyers review your case and help you understand all of your legal options during a free consultation.

The post Effects of Criminal Convictions on Disability Claims appeared first on Philadelphia Disability Insurance Lawyer.

Saturday, August 18, 2018

The Various Features of a Good Disability Policy

In Philadelphia, like anywhere else, there is nothing easy about losing the ability to work and earn wages and subsequently being forced to find financial assistance. In times of sudden injuries or detrimental illnesses, your first and foremost concern must be your own health. Nevertheless, remaining focused on your well-being does very little to help you obtain compensation for your disability. And while the first action you should take is hiring a qualified and experienced Philadelphia disability insurance lawyer, it will also help you tremendously to be familiar with a good disability policy.

What to Look for in a Good-Value Policy

There are two main policy options; an Own Occupation Policy and an Any Occupation Policy. The Own Occupation Policy is the superior option because it affords you coverage if you are unable to work in your average field, even though you may be able to do something less demanding.

For instance, say you have been working construction for over 20 years and you have recently become disabled. You are now unable to perform the intensely physical demands of your typical job, although perhaps you can still perform clerical tasks, or something less demanding. You can still receive disability benefits with an Own Occupation Policy.

long-term disability claims lawyerWith the other option being an Any Occupation Policy, you must be unable to perform any work duties whatsoever in order to obtain this kind of insurance. It is important to understand that benefits can be much harder to obtain under this kind of policy, but it is the far cheaper one to purchase.

If you can reasonably afford an Own Occupation Policy, it is the better option to go for.

Of course, the above options are only two things to keep in mind while looking for a policy. Non-cancelable coverage is of major importance when you are shopping around, particularly for younger buyers as non-cancelable coverage means that the carrier cannot cancel your policy or raise rates.

It is also crucial to look for residual benefits to be provided as part of a good policy. Residual benefits protect you in the event you are disabled but are still able to work part-time. With residual benefits, you can be compensated for the loss of wages that come with reduced work.

Additional Features in a Good Disability Policy

It is equally important to look for other features in a good policy such as a guaranteed renewable option, cost of living adjustment, future increase option, and catastrophic disability benefits. The details and other intricacies to these features can be complicated, and only further emphasize the importance of contacting an experienced disability attorney before doing anything else. A disability lawyer can ensure that you get the best policy for your dollar.

At Edelstein, Martin & Nelson, our highly qualified disability lawyers know all of the ins and outs of what makes a good policy. Although we understand that disabilities often come on unexpected, and whether you’re trying to prepare for the future or file a claim for benefits now, our experienced attorneys can help you determine your best possible options. Call 800-300-0909 or 215-731-9900 to schedule a free consultation today.

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Tuesday, August 14, 2018

Does Long-Term Disability Really Pay For Everything?

You may have heard from somebody or on a page on the Internet that long-term disability will pay for everything when you have been seriously injured or fallen ill, and are no longer able to work. Many people are happy to hear that long-term disability payments will help them get back on their feet when they are suffering from injuries or illness that could be long-term. The truth of the matter is that long-term disability does pay for a percentage of your salary or wages, but not all of them. And the other fact is that it can be adjusted, but other aspects of your life can also offset it. Today we want to focus on the main things that long-term disability actually pays for, and what it could mean for you.

How to Calculate How Much You Will Receive

Disability Cases Lawyer PAWhen it all boils down to it, your long-term disability plan will only pay a certain percentage of the earnings that you received before you were deemed disabled. In fact, many people find out that this percentage lies somewhere in the range of 50-80%. There is something known as the “maximum monthly payment,” which will help dictate how much you will receive on a monthly basis when all is said and done. That usually falls somewhere within the range of $4,000-$25,000 per month based off of what you made beforehand. This is due to the fact that many policies will factor in more than just your regular income – they also consider bonuses, commissions, and so much more.

There is also some good news that coincides with this: You should expect your benefits to increase over time after you have received them and have been living with them for a while. Every year, benefits will increase by about 1-3% based on something known as COLA, or the cost-of-living adjustment. This occurs due to inflation, because we all know that prices will increase for everything over time, and companies want disability payments to reflect these changes that we go through in everyday life.

Ways That Long-Term Disability Becomes Lowered

Of course, long-term disability doesn’t just increase over time. It can change adversely, meaning you may receive less, due to many different factors. Here are some of these factors, explained:

SSD Benefits: If you receive long-term disability, then you were probably also told that you must file for social security disability benefits. This means that your disability benefits could be offset when everything is factored in. Where you gain more in social security, you will earn less in long-term disability.

Earned Income: You could also get less on your disability if you receive earned income. Returning to work on long-term disability is a risky thing to do if you aren’t sure that you will be able to handle it because it could change the outcome of all benefits you receive. If you have something known as the “own occupation” policy, you could be approved to work without losing your benefits, but this is only when you have obtained that part of the policy. Until then, it comes with risks.

When it comes to long-term disability, you will usually find that not everything is certain or set in stone – and it is forever changing. This is why it is always important to have the help of an attorney on your side who understands these benefits inside and out and can help you every step of the way. At Edelstein Martin & Nelson, we want to help you from start to finish as you understand your claim for LTD and get back on your feet. Call us today for more information at 800-300-0909.

The post Does Long-Term Disability Really Pay For Everything? appeared first on Philadelphia Disability Insurance Lawyer.