Skilled Disability Lawyers Serving The State Of Ohio
According to the most recent statistics from the Centers for Disease Control and Prevention (CDC), there are just over 2.6 million Ohio adults living with a disabling condition of one type or another. This equates to 28% of the state’s population.
Some people are lucky enough to be able to continue working after a disabling illness or injury. However, if you’re not in that group, you should be able to rely on your long-term disability insurance policy to replace your income for the time you spend out of the workplace.
Even if you have a valid claim, it’s rarely as simple as signing a few documents and collecting a monthly check. Our Ohio long-term disability insurance lawyers represent claimants whose insurance carriers fail to act in good faith and try to unfairly withhold or wrongfully delay the income replacement benefits you’re relying on.
The Small Print on Ohio Long-Term Disability Insurance Policies
As you’ll know if you’ve ever sat down to read your disability insurance policy, the language insurers use is anything but simple. Policy documents are highly detailed and deliberately complex.
This is part of the reason why the assistance of a dedicated, experienced Ohio long-term disability insurance attorney is so valuable during a claim dispute. We deal with the disability insurance industry’s dirty tricks every day, and we’ve seen all the common loopholes companies use to try to exploit policyholders.
Why Your Long-Term Disability Claim Was Denied
In order for a disability insurance claim to be successful, your physician must confirm that your illness or injury meets the definition of disability your insurance policy sets out. Your physician must also provide the most appropriate medical treatment for the illness or injury in question. You should be able to outline the functional limitations your condition has imposed on your ability to perform necessary and important occupational tasks. For example, if you’re a construction worker who has developed arthritis, you should consider the precise tasks the illness has made it impossible for you to carry out, such as lifting, hammering, or carrying concrete blocks.
Additionally, the elimination or waiting period your policy specifies must have elapsed. These periods vary considerably from one policy to the next; shorter waiting periods are obviously beneficial for policyholders, so insurers charge more for them when calculating premiums. You should research your policy to figure out what elimination period applies in your case or ask a long-term disability lawyer for a free consultation.
As discussed above, however, insurance companies do their best to find any possible reason to deny claims. An initial rejection doesn’t mean your claim is invalid or that you’re not entitled to receive monthly disability insurance benefits. However, it does mean that you may need to enlist the help of a seasoned Ohio long-term disability attorney to secure those benefits within a reasonable timeframe.
When Does a Sickness or Injury Become a Disability?
As noted above, one of the conditions for a successful claim is confirmation from your physician that you qualify as disabled under the terms of your policy. This wording is important, as different insurance policies define disability in different ways.
The most generous definition of disability is called “own occupation.” Under this kind of policy, your insurance company will define you as disabled once your condition prevents you from doing the important, substantial, and necessary tasks associated with the full- or part-time position you held directly prior to the onset of your claim. Even if you can do another job with your disability, this kind of policy will still pay you monthly disability insurance benefits following a successful claim.
Modified “own occupation” disability insurance is a variation on this definition under which you will no longer be totally disabled and entitled to monthly benefits if you take up other employment following a successful claim. Similarly, modified “own occupation” insurance policies state that you cannot be totally disabled if you work at any gainful occupation.
The other main type of disability definition on individually purchased long-term disability insurance policies is “any occupation.” If you have this kind of policy, you will be disabled, for insurance purposes, once you cannot perform as required in any full- or part-time occupation for which you are trained, educated, or suited.
As is the case with elimination periods, more generous disability definitions contribute to more expensive premiums. Again, you should read up on your policy document to learn precisely what kind of coverage you have in this regard or ask an Ohio long-term disability attorney for a free consultation.
Our Ohio Long-Term Disability Insurance Lawyers Are Ready to Represent You
The disability insurance industry is, by design, a complex landscape. Insurance companies have spent years developing this complexity to gain an upper hand over their disabled clients, all while pretending to be on their side. Fortunately, you don’t have to enter this fight alone. The seasoned and award-winning Ohio long-term disability attorney at DarrasLaw is ready to lend a helping hand.
We’ve represented clients in all of Ohio’s major cities, including:
Reach Out To Our Experienced Ohio Long-Term Disability Insurance Attorney
Contact us today to schedule a free initial disability consultation, including a policy or claim analysis. We can help you to file a successful individual or group disability claim, or to level the playing field between you and your disability insurance provider if you’ve already met with an initial denial. Appealing claim rejections in a timely and comprehensive way is vital, so don’t delay in getting started with our Ohio ERISA Lawyers.