Schenectady Long-Term Disability Insurance Lawyers

New York Private Insurance Policy Dispute Attorneys

If you have a private or group insurance policy and have been denied long-term disability benefits, you can get help. With an experienced lawyer on your side, you can clear up the reasons for your denial. We can help you determine what the insurance company wants and then present the information in a compelling way.

The attorneys at Silverman Law have decades of experience helping clients with long-term disability claims. We understand that fighting to get disability benefits is frustrating and time-consuming. If you have suffered a debilitating illness or injury, you have enough to deal with. Let us handle the legal details of the insurance dispute for you. For a free consultation, please call 518-631-4521 or contact us online.

You Can Take Action

Did your insurance company decide that you do not meet the stated disability criteria even though you had supporting medical reports from a doctor? This is a common problem faced by many injured people. An insurance company's primary concern is to minimize its expenses, not to help you. That is why it is a good idea to have a Capital District long term-disability insurance attorney to represent your interests.

One thing that is common to all types of disability claims is that an enormous amount of documentation is required. We can review your insurance contract. Sometimes simply providing the correct information will resolve a problem. However, some insurance carrier disputes are more complex.

In some cases, the insurance company initially approves long-term disability payments but then discontinues or reduces them after 18-24 months. If this happens to you, contact an attorney right away. We can fight the decision, but there are timelines we must meet.

Other problems people have when applying for benefits include:

• Being disabled from working in their occupation, but potentially able to work a different job
• Having residual effects from another illness or injury
• Concerns about their prior work history

We are able to address any questions you may have, including whether you will still be eligible for Social Security Disability Insurance benefits and Workers' Compensation. Please call our office at 518-631-4521 to schedule an appointment.

Bold labels are required.

• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338