Choosing a Long-Term Clarksburg Disability Lawyer
If you have already realized to work with an attorney on your long-term disability claim, you are ahead of the game. An experienced legal advocate can help not only with appealing denials, but also from the very start of the process.
Choosing a long-term disability lawyer is a critical step for Clarksburg residents who become unable to work. You want to find an attorney with the right knowledge and experience to help you achieve your goals. You also want a legal counselor who will take the time to listen to your concerns, take advantage of the unique opportunities offered in your case, and fight to protect your interests at all stages of the process.
Knowing the Law
Long-term disability claims in Clarksburg may be handled under numerous different laws, so it is critical to choose a lawyer who understands the laws that apply in a particular case. Disability benefits may be provided through ERISA governed employer-sponsored insurance plans, private insurance plans purchased by an individual, Social Security Disability Insurance, Supplemental Security Income, workers’ compensation, and other programs.
Different laws apply to each type of benefit. For example, Social Security Administration regulations govern SSDI and SSI disability benefits. Long-term disability benefits provided through private insurance may be governed by the Employee Retirement Income Security Act (ERISA) or by state or federal contract and insurance laws. A long-term disability claim in Clarksburg might also be decided under principles of West Virginia’s workers’ compensation laws. It is a good idea to choose a lawyer familiar with the laws and procedures that apply to a particular case.
The Applicable Definition of Disability
One key difference between sources of long-term disability benefits is the definition of disability. In every case, a claimant seeking disability payments will need to demonstrate eligibility, but what that demonstration entails may differ. In some cases, a disabled individual must not only prove that they suffer from a long-term, medically identifiable condition, but also that the condition prevents them from pursuing any type of paid employment. In other cases, it is only necessary to show that they are unable to perform their previous occupation or that the disability has a “substantial” impact on their ability to perform basic functions.
In the process of choosing a Clarksburg long-term disability lawyer, it is wise to be certain the attorney understands the applicable definition and how to demonstrate eligibility in the most effective manner. The attorney must also understand when to present evidence so that it will receive full consideration. In each process, there is a time after which no new evidence will be reviewed on appeal.
Other Matters to Consider When Choosing a Long-Term Disability Attorney in Clarksburg
Laws and procedures for pursuing claims for long-term disability benefits differ, but there is one feature they have in common. Most of the time, a disabled person will need to present strong written arguments to prove their eligibility for benefits. Therefore, regardless of the type of laws involved, it is essential when choosing a long-term disability lawyer to seek a Clarksburg attorney experienced in the art of written advocacy.
While a claimant may sometimes have the opportunity to make a case in person, decisions are usually based on information and supporting documentation presented in writing. When a claimant works with an attorney who knows what the decision-makers want to see and how to present matter persuasively, that claimant has a better chance of receiving benefits with minimal delays. Before choosing a long-term disability attorney, ask about experience handling your type of claim.