San Jose Long-Term Disability Lawyers

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San Jose Long-Term Disability Lawyers

Long-term disability insurance is different from Social Security disability, as it is private insurance that covers lost income when a disability keeps you out of work. These benefits are often part of an employer-sponsored benefits package, or you can purchase a policy for yourself. If your disability will persist longer than short-term benefits will cover, you will need to file a long-term disability claim. 

Long-term disability can last for years – until your retirement or until your health condition improves. These benefits are extremely important, yet difficult to obtain. Contact a San Jose long-term disability lawyer for help. 

Qualifying for Long-Term Disability Payments

Having a medical condition does not automatically qualify you for long-term disability payments – you have to prove that these conditions cause you to be disabled. Some conditions are easier to prove disability than others, so long as they were not pre-existing conditions when you obtained the policy. These conditions include, among many others:

  • Cancer
  • Certain mental health issues
  • Accidental injuries, such as a spinal cord injury
  • Carpal tunnel syndrome
  • Epilepsy
  • Stroke

Your insurance plan will determine what qualifies as a long-term disability. These plans vary considerably, and the success of your claim will depend on your policy’s language. Here at Roberts Disability Law, P.C., we have extensive experience in handling long-term disability claims and can assist you in obtaining the benefits to which you may be entitled. 

Typical Long-Term Disability Plans

Long-term disability is most commonly seen as part of an employee benefits package, though you can also purchase it through the open market as an individual. The taxation of your benefits and other issues can change depending on the source of your plan and who pays the premiums, so you may want to consult with a long-term disability lawyer or your accountant before finalizing the purchase of your plans.

Employer-Provided Plans

These plans will generally pay up to 70 percent of your salary – less bonuses and commissions – and often have a cap in dollar amount or years covered.

Employee-Paid Plans

In these plans, the employer facilitates purchase by offering the plan but does not pay anything toward the cost. Premiums are often deducted from paychecks, as with health care premiums. On these plans, employees sometimes have the option to customize their plan by adding riders.

Shared Cost Plans

In these plans, both the employer and employee contribute to the premiums in a predetermined percentage. Another option is for the employer to provide a basic plan while allowing employees to purchase additional coverage or riders.

No matter what type of plan you have, getting benefits to cover your lost income while out of work is an uphill battle for most people. You want the assistance of a disability lawyer from the start, and especially if you receive a claim denial. 

Contact a San Jose Long-Term Disability Lawyer

Long-term disability denials are common and require the understanding and following complicated rules and regulations to file an appeal. Some types of disability see only about a third of applicants successfully achieving coverage, even after appeals. Clearly, at that level of success, you can easily do better with the help of an attorney rather than without. 

Contact us today at Roberts Disability Law, P.C. for assistance in filing your initial claim or an appeal of a long-term disability decision. 

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