It is important that you obtain a copy of your disability insurance coverage policy so that it may be properly reviewed by an experienced professional.
If you are applying for private disability benefits, it is advantageous to immediately contact a professional who can help and fully explain the process.
Private disability insurance benefits provide for disability both on a short term and long term basis. They are either provided for by your employer (known as ERISA based policies) or those that you purchase on your own accord. Short term benefits usually last 3 to 6 months, and long term benefits usually involve a waiting period and continue until you reach retirement age of 65.
Most private disability insurance policies provide for benefits if you become totally disabled. Some private policies base a finding of disability upon a similar standard to that of the Social Security Administration, i.e., unable to perform substantial gainful activity for a continuous and sustained basis expected to last at least a minimum of one year. However, some policies, unlike Social Security disability, may provide that you may recover benefits if you are unable to perform your specific occupation.
Oftentimes, while there is an appeal process after applying through your insurance carrier, it is essential that the insurance carrier be provided complete documentation as to your disability, as the standard for review is very different than that of Social Security. It is therefore important that your disability insurance carrier be provided as complete a picture of your limitations as possible prior to their final determination. It is essential that you have the full support of your treating physicians. It will be necessary for your doctors to provide adequate documentation to the insurance carriers and that your treatment notes reflect the full nature and full functional limitations of your symptomology. It is important that you obtain advice from an attorney as soon as the process starts. Oftentimes, we can provide additional information and forms which are essential for laying a proper foundation for you to ultimately be successful. Often, we can also provide a video presentation to your insurer which fully demonstrates your functional limitations. If after final internal review your insurance carrier has still denied your claim, you may appeal the matter to Federal Court.
It is important to note that private disability benefits and Social Security benefits are mutually exclusive. This means that you may be able to receive one without receiving the other. Almost all private disability policies require you to apply for Social Security benefits as a condition of receiving benefits under their policy. If you are applying for private disability benefits, it is advantageous to immediately contact a professional who can help and fully explain the process. It is a complicated process, and it is extremely advantageous to be represented by a disability expert.
All claims are handled and/or overseen by a former employee of the Department of Health and Human Services with over 20 years of experience representing claimants.