Social Security & Long Term Disability Benefits Law FirmPUT OUR THIRTY YEARS OF EXPERIENCE HANDLING DISABILITY CLAIMS TO WORK FOR YOU!
Experience counts and hiring an experienced disability lawyer is an important part of winning your case. Contact an experienced disability lawyer at The Bernstein Law Firm PLLC today to find out how we can help you get the disability benefits that you deserve.
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WE KNOW HOW IMPORTANT YOUR DISABILITY CASE IS TO YOU. CONTACT THE DISABILITY CLAIMS LAWYERS AT THE BERNSTEIN LAW FIRM PLLC
Social Security Disability
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Long Term Disability
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Assisting Clients withSocial Security & Long Term Disability Claims
If you are physically or mentally disabled and can no longer work, you may be eligible for Social Security Disability benefits. Whether you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or long-term disability benefits through a private insurance carrier, an experienced disability lawyer at The Bernstein Law Firm PLLC can help you seek the benefits you are entitled to receive.
UnderstandingSocial Security Disability
What is Social Security Disability Insurance?
Social Security Disability Insurance (called SSD or SSDI) is a federal benefit program administered by the SSA that provides monthly income to people who are unable to work due to a serious, long-term medical condition.
What is Supplemental Security Income?
Supplemental Security Income (SSI) is a federal needs-based benefit program administered by the Social Security Administration. It provides financial support to people who are disabled, blind, age 65+ with limited income and resources.
Your Lawyer needs to Work With your Doctor!
Your doctor’s role is critical in a disability claim, but medical treatment alone is not enough. Disability decisions are based on functional limitations, not just diagnoses. Your physician must explain how your ability to work is limited by your condition.
Completing the Disability Application
Completing the Disability Application and Activities Questionnaire is one of the most important steps in a disability claim. These forms give decision-makers at the Social Security Administration a detailed picture of how your medical conditions affect your daily life and ability to work.
Working and Receiving Disability Benefits
You can work and continue to receive disability benefits. The Social Security Administration has specific rules that determine whether your work affects your eligibility/payments. The rules can differ depending on benefits you can apply for or receive.
What to Expect at the Disability Hearing
The hearing is your chance to talk directly to a judge after an initial denial. It takes place before an Administrative Law Judge (ALJ) and is often the most important stage of the process. Your medical records and work history are reviewed on how your condition affects your daily life/work ability.
Hire an Experienced Disability LawyerPUT OUR THIRTY YEARS OF EXPERIENCE HANDLING DISABILITY CLAIMS TO WORK FOR YOU!
Experience counts and hiring an experienced disability lawyer is an important part of winning your case. Contact an experienced disability lawyer at The Bernstein Law Firm PLLC today to find out how we can help you get the disability benefits that you deserve.
UnderstandingLong Term Disability
Long Term Disability Video Surveillance
Long-term disability video surveillance is a tactic used quite frequently by private disability insurance companies to observe claimants and look for activity that could be used to challenge an long term disability claim. It is legal in many situations—but the process of video surveillance and how it is used is often misunderstood and frequently misused.
Importance of the Administrative Record
In long-term disability claims, the administrative record is the complete file the insurance company builds while your claim is under review. It includes all evidence submitted before the insurer issues its final decision and it is often the only evidence a court will ever consider. If it’s not in the administrative record, it usually doesn’t exist legally.
The Independent Medical Exam
An Independent Medical Exam (IME) is a medical evaluation requested by an insurance company to assess your health condition and your ability to work. It is performed by a doctor chosen/paid for by the insurance company. It gathers medical opinions about your diagnosis, functional limitations, and if you meet the policy’s definition of disability.
Administrative Review and Appeals Process
When a long-term disability claim is denied or benefits are terminated, the case enters the administrative review and appeals process. This phase happens inside the insurance company, not in court, and it is often the most important stage of the entire claim. For most employer-provided LTD plans, this process is governed by ERISA rules, which strictly limit what evidence can be used later.
SSDI Offset for Long-Term Disability
An Social Security Disability (SSDI) offset means your long-term disability insurance company can reduce your monthly LTD benefits by the amount you receive from SSDI. Most employer-provided LTD policies require claimants to apply for SSDI and treat those benefits as “other income”. If SSDI is approved retroactively, insurers often demand repayment for the months they overpaid LTD benefits.
LTD - ERISA or NON-ERISA
Whether the Employee Retirement Income Security Act (ERISA) applies to your claim determines your rights, your strategy, and your chances of success. ERISA cases require building a flawless paper record early, while non-ERISA cases allow for a more traditional litigation approach if benefits are denied. Knowing which rules apply is essential before responding to a denial or appeal. It’s critical to know whether ERISA applies to your policy.
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The Bernstein Law Firm PLLC blog provides clear, helpful guidance on disability claims, legal rights, and the steps you can take to protect your financial future when an injury or illness keeps you from working.
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