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Long-Term Disability Lawyer San Jose

Home > Long-Term Disability Lawyer San Jose

Long-Term Disability Lawyer San Jose

If you are unable to work because you’ve developed a long-term disability (LTD), at some point, you’ll no doubt need a San Jose long-term disability lawyer. Lawyers that handle long-term disability claims understand how private policies and ERISA-based policies work. ERISA (Employee Retirement Income Security Act of 1974) is the federal statute governing employer-provided disability insurance, and it can complicate the disability claim process. 

What a San Jose Long-Term Disability Lawyer Does

There are many ways that a long-term disability lawyer can assist you in obtaining benefits, including:

  • Help you navigate ERISA and any other laws governing your claim 
  • Analyze the fine print of your disability insurance policy
  • Guide you away from common pitfalls and mistakes that people experience in your position
  • Go after your insurance company to ensure that you receive the highest and best settlement possible
  • Gather the necessary evidence to support your case (often a time-consuming process of dealing with hospital and insurance company red tape)
  • Act on your behalf so you can focus on pain management, quality of life, physical therapy, and/or recovery

But one of the most important things your long-term disability lawyer will focus on is the fact that courts interpret the federal law as limiting new evidence from being presented in your court case. So your lawyer’s big job is providing any and all conceivable evidence for whatever issues may arise after an insurance company has denied your claim.

When Should I Contact a Long-Term Disability Attorney?

If you’ve recently been disabled and it prevents you from working, you can contact a disability lawyer. Most people don’t start the disability claim process until they’ve reached a point where they are certain that they will not be able to work in the future or until they receive a denial. Again though, it’s never too soon. If you don’t have an active claim yet or there is critical evidence you can start gathering, it’s definitely better to know sooner rather than later.

Common Mistakes When People File for Disability Without a Lawyer

In addition to not being aware of how crucial evidence is on the initial application for disability benefits, here are a few other common mistakes people make when they apply for their benefits without legal representation:

  • Switching to a less physically-demanding job (your claim should ideally be based on your original highest-paying job; switching positions makes this harder)
  • Falling into disability application traps (they word their applications to set applicants up to be denied)
  • Quitting their job and then filing for long-term disability (usually disability insurance from an employer terminates when the working relationship ends)

Contact a San Jose Long-Term Disability Attorney Today

Regardless of where you are in the process of your disability claim, Roberts Disability Law, P.C., long-term disability attorneys in San Jose, can help you with your case. We can help build your initial claim for the best chances of approval, appeal a denial, or even file an appeal in federal court. Contact us today for a free consultation about your disability benefits and how we can help obtain the support you need. 

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