Jacoby & Meyers – Effectively Helping You Obtain the Benefits You Deserve–SSDI Denial of Benefits Lawyers
No one plans or looks forward to suffering a serious injury or illness resulting in permanent disability. Because sometimes unforeseen circumstances such as a motor vehicle accident, workplace injury or serious illness can leave someone permanently disabled and unable to support their family, many have the foresight to obtain private disability insurance. Even if you do not purchase private disability insurance, you pay into the social security system through payroll deductions, which gives you the right to social security benefits if you become disabled. It is reasonable to assume that after a lifetime of contributions you will be able to benefit from social security disability insurance coverage or private disability insurance if you become disabled from substantial employment.
Unfortunately, what should happen is not always the same as what does happen. It is widely estimated that as many as 75 percent of all people who submit social security disability insurance claims have their initial application denied. Similarly, many who submit permanent disability claims pursuant to private long-term disability coverage with private insurers also find that the insurance provider denies their claim. If you are in the position where you must file a long-term disability claim, it typically means that you and your family may have lost a substantial contribution to your household earnings. A denial of a social security disability claim or long-term private insurance disability claim can leave a family with no way to pay its mortgage, household bills or otherwise provide for their basic needs.
If you are already suffering the physical and emotional impact of a severe debilitating injury or serious illness, the financial pressure that accompanies a denial of a disability claim may only add to your stress and anxiety. Jacoby and Meyers has been helping those who were initially denied disability insurance coverage whether through the social security system or a private insurer since 1972. Many whose claims for social security insurance benefits or private long-term disability benefits are denied simply give up when their claim is denied. A fair number of applicants are not even aware that there is an appeals process that permits them to challenge their denial of benefits.
Effective Legal Representation When Seeking SSDI and SSI Benefits
The dedicated and experienced team of social security and disability attorneys at Jacoby and Meyer can guide you through the entire social security disability process and assist you in obtaining the full measure of benefits to which you are entitled. Our knowledgeable team of attorneys can handle the entire process from the filing of your initial claim so that you may not even need to wait in long lines at government offices. Our knowledgeable team of attorneys and staff can handle all aspects of your Social Security claim for benefits, including filing the initial application, filing paperwork for a reconsideration of denial of benefits and preparation of your appeal.
While some people attempt to pursue a claim for Social Security disability benefits without the assistance of an attorney, these attempts to obtain benefits without the advice and representation of an experienced social security disability insurance attorney are unsuccessful sixty percent of the time. As the rules and procedures to prevent fraudulent claims have become more complicated, a growing number of legitimate request for social security disability benefits are denied.
There are really two types of social security disability benefits depending on the number of qualifying quarters of employment of an applicant. Social Security Disability Insurance (SSDI) will provide ongoing disability payments if you are below retirement age and are disabled so that you are unable to engage in substantial employment provided you have the minimum number of qualifying quarters of gainful employment. Social Security Insurance (SSI) also provides disability replacement income but to those who do not have the minimum number of qualifying quarters to be eligible for SSDI.
Criteria and Requirement When Seeking Social Security Disability Insurance Benefits
The key to obtaining either type of benefit is establishing that you are disabled which means that you are unable to engage in substantial gainful employment. This standard has become increasingly more difficult to satisfy. One of the fundamental reasons that it is critical to have a social security disability insurance attorney represent you is that the rules and standards for establishing that your disabled requires careful analysis of the law and facts and persuasive presentation of that information. Perhaps no piece of information is more evident as to why you need to put Jacoby admires on your side than the fact that while as many as 75% of initial applications are denied between 60 to 70% of those denials are overruled or reversed upon reconsideration or an appeal before an administrative law judge.
The amount you are eligible to receive in SSDI benefits is based entirely upon your prior employment history and the amount you have paid into the social security system during your qualifying employment quarters. The amount you are eligible to receive is based on the amount you have paid into the program through payroll deductions from your paycheck or direct payment if you are self-employed as well as the duration of time during which you made these payments. It is important to keep in mind that because you contribute to the social security fund from your earnings this is an insurance type benefit not a welfare program.
There are three qualifying requirements to receive SSDI. The minimum qualification requirement for having made contributions is five years of contributions during the last 10 years. However, this requirement is lower if you are disabled at the age of 31 or below. An applicant must also have become disabled prior to the full retirement age of 65-67. The most important requirement is that your meet the standard for being disabled. The Social Security Administration will look closely at whether your disability prevents you from engaging in work that you have performed in the past and will review your age, training, education and physical or mental capacity when evaluating your disability. This is a complex process and requires a skilled presentation of the facts regarding your background, qualifications, abilities as well as physical and or mental limitations.
Pursuing Bad Faith Denial of Coverage against Private Disability Insurance Carriers
Many people have the foresight to anticipate these potential issues and obtain private disability insurance. It is reasonable to assume that if you faithfully make your premium payments that your insurance carrier will provide the promised disability benefits you need if you should become seriously injured in an accident or disabled by a serious illness. However, insurance carriers do not increase their profits by paying the maximum amount on claims. It is very common for a long-term private disability insurer to deny benefits to its insured even without a legitimate basis for the denial.
When you submit your claim to your private disability insurance carrier, they may deny your claim outright, offer a ludicrously limited amount of compensation or stonewall and delay your claim. If you have become disabled and are unable to engage in substantial employment, we can help you seek the full disability compensation you deserve and even pursue a bad faith claim against your insurance company if they do not treat your fairly. An insurance company has a fiduciary duty to its insured, which means that it is required to give your interests at least as much priority as its own. A private disability insurance carrier must look for a reason to cover your claim as opposed to scouring your policy for a reason to deny the claim. If we are forced to file a bad faith denial lawsuit against your private disability insurance carrier, we may be able to seek punitive damages, which often exceed all other forms of compensation combined.
Jacoby & Meyers Are Your SSDI, SSI and Private Disability Insurance Lawyers
The committed and caring team of social security disability insurance attorneys and private disability insurance attorneys at Jacoby and Meyers Law Offices understand the financial pressure that you may face if you suffer serious physical injury in a car accident, workplace accident or suffer a debilitating illness. We understand that the financial payments and medical coverage that comes from social security disability benefits can mean the difference between poverty and/or bankruptcy and the ability to provide for one’s family when one experiences a severe debilitating injury or illness. We represent our clients who have become disabled with respect, understanding and diligence when pursuing social security or private disability benefits. Our social security and private disability insurance law firm is known for exhaustive analysis of the facts, proven litigation strategies, effective applications for benefits, reconsideration and appeals as well as persuasive advocacy.
Jacoby & Meyers has become synonymous with representing those who have become injured or disabled in obtaining the compensation that they need to provide for their family and future; we urge you to contact us to learn why. We offer a free consultation so contact us to obtain a confidential evaluation regardless of whether you have a SSDI, SSI or private disability insurance claim. We have offices nationwide, including Southern California, New York, Alabama, Florida, and Arizona so call us at 1-800-411-4LAW to see how we can help.
