ERISA • Employment Law

Questions to Ask Your Long-Term Disability Attorney

29 Aug 2022

Long-term disability (LTD), especially through ERISA-based insurance plans, is notoriously difficult to qualify for, particularly if you don’t have an attorney. If you or a loved one is considering hiring a Philadelphia long-term disability attorney to help you with a disability claim, make sure you ask some questions first. Some of the issues you should raise include the following. 

How Much Experience Do You Have with LTD Claims?

You will want to engage a firm or attorney that has a practice that concentrates on LTD claims and has done so for many years. The complexities of LTD insurance claims make it critical that you find a skilled and experienced attorney to handle your case. 

Have You Worked with My Specific Condition Before?

Certain conditions figure into more LTD claims than others do. Those common claims will be familiar and understandable to your lawyer and to any judges and third parties who may be involved in deciding your claim. Other conditions are rarer and may require a knowledgeable practitioner who will not only know the details of your condition but will be able to communicate it to others. Only in this way will your attorney be comfortable explaining how your condition really impacts your ability to work for a living.

Are You Experienced with Handling Appeals of Denied Claims?

Many LTD insurance claims are denied on their initial applications. Your claim may likely proceed through an appeal process. For this reason, it will be wise for you to retain an attorney who is experienced with handling appeals of denials. 

Can You Help Me Qualify for Other Benefits?

There may be other benefits available to you even if your LTD claim is denied. A knowledgeable LTD attorney will be familiar with the other programs you might qualify for.

Can I Recover Attorney’s Fees from My Insurer?

You should know that if your LTD is part of an employer-provided plan, under the Employee Retirement Income Security Act (ERISA), the court can order your LTD carrier to pay the attorney’s fees. To get fees, you must litigate a case in court and show a degree of success on the merits and usually one of several other factors. However, the fees awarded will not cover all of your attorney’s efforts, only the time spent in litigation. 

Speak with a Pennsylvania Long-Term Disability Attorney

Long-term disabilities can be devastating to your life and career, and the LTD insurance claims process is rarely easy. You likely have many questions about how the right law firm can help, and you should never hesitate to ask our legal team all of the questions you have. We work with clients who have a wide range of disabilities and assist them through the entire process of obtaining the benefits they need and deserve under their policies. 

If you have any questions at all, reach out to our long-term disability attorneys at The Garner Firm, Ltd. Contact us today so we can begin assessing your case. 

Experienced Counsel

Mr. Garner is an ERISA employee benefits and employment attorney with over a decade of experience. The laws governing employee benefits, the employment relationship, and the workplace are complex.

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