In the unfortunate situation of going through a traumatic event that might hinder your ability to work temporarily or permanently, there are certain laws that can support your recovery or help you get financial assistance if you are never able to regain fully your capacity to work in a certain professional field.
What To Do When Going Through a Long-term Disability Case Personally?
Throughout this article, you will learn about the main conditions and specific terminology that apply in long-term disability cases and how to approach the situation from a legal point of view, if you are currently unable to perform your duties as usual. In 2018, an estimated 17.4 million (32.9%) adults with disabilities experienced frequent mental distress in the U.S.
From a human perspective, it is a very sad circumstance, and while the family (including a support animal and work colleagues might be there for you morally and emotionally, financially you still have to find solutions so that you maintain your same level of personal income.
This is where a professional attorney for disability claims comes to help. There are lots of online resources and a lawyer can help with your long-term disability claim so that you maximize your benefits.
On What Grounds You Can Qualify For Financial Aid?
One thing that is mandatory so that you qualify for financial aid (also known as long-term disability insurance) in case you are experiencing health issues, is to mee the definition of long-term disability. The definition of disability is essentially the core of a long-term disability (LTD) policy and is a good place to start to understand the type of LTD coverage you have.
There are typically two types of Long-Term Disability (LTD) insurance: employer-provided group policies, and individual policies. These policies apply differently depending on whether you have been considered as having an own occupation LTD or any occupation LTD.
Own Occupation Definition of Long-Term Disability
This classification generally refers to those disabilities that you developed while working your chosen job. This also involves cognitive and mental disabilities that are often neglected when judging this type of situation. It is vital to note that the material duties of a job include both cognitive and physical capabilities. If you’re in need of legal assistance, consulting a San Jose disability lawyer can provide the expertise required to navigate these complexities effectively.
Physical duties can include how often a person is expected to stand, paint, touch, lift, sit, etc. and cognitive duties can include elements such as the ability to carry out complex tasks or stay focused, develop solutions. Often, we see disability insurers deny long-term disability claims because their focus is exclusively on physical duties, but cognitive duties are equally significant.
Mentioning that you developed PTSD or a certain phobia after an accident occurred in the workplace environment and bringing a psychological evaluation to support your case can help you get the financial aid your disability claims deserve according to the law.
Any Occupation Definition of Long-Term Disability
Some disability policies will ask whether you can participate in a “gainful” occupation. In other words, if you can gain some financial benefits by providing any type of work for an employer or client.
To quantify what a “gainful” occupation is, many policies will take into account the amount of money a person made before becoming disabled; a gainful occupation would be one in which you earn a certain percentage, usually 60 to 80 percent, of your pre-disability earnings.
This can be an important factor to your LTD claim especially if you were a high-earner. For example, an architect who is no longer able to draw or build small scale-models of his buildings due to disability, but may be able to work as a receptionist can still be considered disabled under the “any occupation” definition of disability due to the income gap between the two jobs.
Final Thoughts
If you have a long-term disability it’s important to let professionals handle this issue for you. Maybe you think you can do it on your own, but the law has different clauses and rules that might apply to your case or not, so a dedicated attorney might prove of tremendous help.
Author: With a BA in communications and paralegal experience, Irma C. Dengler decided to combine her skills. In the past, when she was involved in proceedings of her own, she witnessed firsthand the weight of legal language. A convoluted terminology can easily disarm the average American. Therefore, she set off to empower her readers by making the law more accessible to them. Although she has covered all areas of civil and criminal law, insurance-related issues, and her area of specialty are personal injury cases.
