Trusted Bronx Long-Term Disability Attorney Fighting for the Benefits You Deserve

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Need Help with a Long-Term Disability Claim? Talk to a Bronx LTD Attorney Today

Are you unable to work because of a serious illness or injury? Has your long-term disability claim been denied? The Law Office of Daniel Levy, LLP is here to help. Our experienced Long-Term Disability Lawyer Bronx team understands how stressful it can be when you cannot work and your benefits are denied.

Long-term disability (LTD) benefits can provide crucial financial support when you are unable to work due to medical conditions. However, insurance companies often make the claims process difficult. They may delay your claim, offer less money than you deserve, or deny your claim entirely.

At the Law Office of Daniel Levy, LLP, we have helped countless Bronx residents get the LTD benefits they deserve. Our skilled attorneys know the tactics insurance companies use to avoid paying claims. We fight hard to protect your rights and secure the benefits you need to support yourself and your family.

Don’t face the complex long-term disability system alone. Call our Long-Term Disability Lawyer Bronx office today at (718) 684-2530 for a free consultation. We’ll explain your options and help you get the benefits you deserve.

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What is the Difference Between Workers' Compensation and Long-Term Disability?

Many people confuse Workers’ Compensation and long-term disability benefits. Though they both provide money when you cannot work due to health problems, they have important differences:

Workers’ Compensation:

  • Covers injuries and illnesses that happen because of your job
  • Paid for by your employer’s insurance
  • Does not require you to be totally disabled
  • Provides medical treatment coverage
  • Usually has faster approval times
  • Is required by law for most employers

Long-Term Disability:

  • Covers injuries and illnesses regardless of where they happen
  • Comes from private insurance policies or employer benefit plans
  • Usually requires you to be unable to work at all
  • Typically replaces 60-80% of your income
  • Often has a waiting period (elimination period) of 3-6 months
  • Is not required by law

Our Long-Term Disability Lawyer Bronx team can help you understand which benefits you qualify for. In some cases, you may be eligible for both types of benefits, though there may be offsets that reduce the total amount.

If you’re unsure about which benefits to apply for, contact the Law Office of Daniel Levy, LLP. We can review your situation and help you pursue all available benefits.

Injuries and Illnesses That Qualify for Long-Term Disability Benefits

Many different medical conditions can qualify for LTD benefits NY. The key factor is not the specific diagnosis, but how your condition affects your ability to work. Here are common conditions that may qualify:

Physical Conditions:

  • Back injuries and chronic back pain
  • Heart conditions (heart attack, heart failure)
  • Cancer
  • Multiple sclerosis
  • Arthritis
  • Fibromyalgia
  • Chronic fatigue syndrome
  • Diabetes with complications
  • Stroke
  • Parkinson’s disease

Mental Health Conditions:

  • Major depression
  • Anxiety disorders
  • Bipolar disorder
  • Post-traumatic stress disorder (PTSD)
  • Schizophrenia

Other Qualifying Conditions:

  • Chronic migraines
  • Vision loss
  • Hearing loss
  • Autoimmune disorders
  • Respiratory conditions

Each LTD policy has its own definition of “disability.” Some policies require that you cannot perform your own job, while others require that you cannot perform any job at all.

Our denied long-term disability claim attorneys know how to prove your condition meets the policy’s definition. We work with medical experts to document how your condition limits your ability to work.

Step-by-Step Guide: How to File a Long-Term Disability Claim in New York

Filing for long-term disability benefits can be complex. Here’s a simple guide to help you understand the process:

  1. Check Your Eligibility
  • Review your policy to confirm coverage
  • Verify your policy’s definition of “disability”
  • Check the elimination period (waiting time)
  • Note any exclusions or limitations that might apply
  1. Gather Medical Evidence
  • Get copies of all relevant medical records
  • Ask your doctor to provide a detailed statement about your condition
  • Keep a journal of your symptoms and limitations
  • Get statements from family or coworkers about your limitations
  1. Complete the Claim Forms
  • Fill out all paperwork completely and accurately
  • Have your employer complete their sections
  • Ask your doctor to complete the medical portions
  • Keep copies of everything you submit
  1. Submit Your Claim
  • Send your claim to the insurance company before any deadlines
  • Use certified mail or a delivery method that provides proof of receipt
  • Follow up to confirm they received your paperwork
  1. Respond to Requests for Information
  • Insurance companies often ask for more information
  • Respond promptly to all requests
  • Keep copies of everything you send
  1. Appeal if Denied
  • If your claim is denied, you have the right to appeal
  • Appeals have strict deadlines – usually 180 days
  • Get help from a disability appeal attorney Bronx expert

The Law Office of Daniel Levy, LLP can help at any stage of this process. Many people choose to work with our Long-Term Disability Lawyer Bronx team from the beginning to avoid mistakes that could hurt their claim.

How Do Long-Term Disability Payments Work in the Bronx?

Understanding how LTD payments work will help you plan your finances while you’re unable to work:

Payment Amount: Most LTD policies pay between 60% and 80% of your pre-disability income. Your policy will state the exact percentage. For example, if you earned $4,000 per month and your policy pays 60%, you would receive $2,400 per month.

Taxation: If you paid the premiums with after-tax dollars, your benefits are usually tax-free. If your employer paid the premiums, your benefits will likely be taxable.

Offsets: Your LTD benefits may be reduced by other income you receive, such as:

  • Social Security Disability Insurance (SSDI)
  • Workers’ Compensation
  • State disability benefits
  • Retirement or pension benefits
  • Earnings from part-time work

Duration of Benefits: Benefits may last for a specific period (like 2, 5, or 10 years) or until retirement age (usually 65). Read your policy carefully to understand your benefit period.

Continuing Eligibility: Insurance companies will periodically review your case to determine if you still qualify. This may include:

  • Requests for updated medical information
  • Independent medical examinations
  • Surveillance to check your activities
  • Interviews with you or your family

Our Long-Term Disability Lawyer Bronx experts can help you understand your specific policy and maximize your benefits. We can also help you deal with insurance company reviews to protect your ongoing eligibility.

Understanding Group Long-Term Disability Plans

Many Bronx residents have long-term disability coverage through their employer. These group plans have specific features you should understand:

ERISA Regulations: Most employer-provided plans are governed by a federal law called ERISA (Employee Retirement Income Security Act). ERISA sets strict rules for:

  • Filing claims and appeals
  • Deadlines you must meet
  • Information the insurance company must provide
  • Your rights if your claim is denied

Advantages of Group Plans:

  • Often cheaper than individual policies
  • May cover pre-existing conditions
  • Cannot be canceled as long as you’re employed
  • No medical exam required to qualify

Limitations of Group Plans:

  • Usually less coverage than individual policies
  • Benefits may be taxable
  • Often have stricter definitions of disability
  • May have limited benefit periods
  • Tied to your employment

If you have LTD benefits NY through a group plan and your claim is denied, you must follow the ERISA appeal process before you can file a lawsuit. These appeals have strict deadlines and rules.

The Law Office of Daniel Levy, LLP has extensive experience with ERISA disability claims. Our disability appeal attorney Bronx team knows how to navigate these complex regulations to protect your rights.

Individual Disability Insurance Policies – What You Should Know

Some people purchase individual long-term disability policies directly from insurance companies. These policies differ from group plans in important ways:

Key Features of Individual Policies:

  • You own the policy (it’s not tied to your job)
  • Usually more expensive than group coverage
  • Often has better benefits and fewer limitations
  • Benefits are typically tax-free if you paid the premiums
  • Not governed by ERISA regulations

Types of Individual Policies:

  • Own Occupation: Pays benefits if you cannot perform your specific job
  • Any Occupation: Pays benefits only if you cannot perform any job
  • Residual Disability: Provides partial benefits if you can work part-time
  • Guaranteed Renewable: Insurer cannot cancel your policy but can raise premiums
  • Non-Cancelable: Insurer cannot cancel or raise premiums

Important Policy Provisions:

  • Elimination period (how long until benefits start)
  • Benefit period (how long benefits last)
  • Exclusions for certain conditions
  • Limitations for mental health or substance abuse
  • Cost of living adjustments

If your individual disability claim is denied, you have different rights than with ERISA plans. You can sue the insurance company directly without first exhausting administrative appeals.

Our Long-Term Disability Lawyer Bronx team can review your policy and explain your rights. We have successfully challenged denials of both individual and group disability claims.

What is a Vested Disability Pension and Are You Eligible?

A disability pension is another form of benefit that might be available if you become disabled. This is different from long-term disability insurance:

Disability Pension Basics:

  • Provided through public or private pension plans
  • May be available to government employees, union members, or employees of companies with pension plans
  • Requires you to be “vested” (worked long enough to earn pension rights)
  • Usually requires total and permanent disability
  • Often continues until normal retirement age, then converts to regular pension

Eligibility Requirements Typically Include:

  • Meeting the plan’s definition of disability
  • Being vested in the pension plan
  • Medical evidence of your condition
  • Application before certain deadlines

Examples of Disability Pensions:

  • New York City Employees’ Retirement System (NYCERS) disability pension
  • Teachers’ Retirement System disability benefits
  • Police and fire department disability pensions
  • Union pension plan disability benefits

Disability pensions often have complicated rules and procedures. The application process can be challenging, and many initial applications are denied.

The Law Office of Daniel Levy, LLP can help determine if you qualify for a disability pension. Our Long-Term Disability Lawyer Bronx team can guide you through the application process or appeal a pension denial.

Why Was My Long-Term Disability Claim Denied?

Insurance companies deny valid long-term disability claims for many reasons. Understanding why your claim was denied is the first step to a successful appeal:

Common Reasons for Denied Long-Term Disability Claims:

Insufficient Medical Evidence: Insurance companies often claim you haven’t provided enough medical proof of your disability. They may say your medical records don’t show limitations that would prevent you from working.

Not Meeting the Definition of Disability: Your policy has a specific definition of “disability.” The insurance company may claim your condition doesn’t meet this definition.

Pre-existing Condition Exclusions: If you had your condition before your coverage began, the insurance company might deny your claim based on a pre-existing condition exclusion.

Missed Deadlines: Filing late or missing appeal deadlines can result in denial of your claim.

Video Surveillance: Insurance companies sometimes hire investigators to film claimants. If they catch you doing activities that seem inconsistent with your claimed limitations, they may deny your claim.

Social Media Posts: Insurance companies check your social media accounts. Posts showing activities that contradict your disability claim can lead to denial.

Independent Medical Examinations: The insurance company may require you to see their doctor. These doctors often minimize your condition or claim you can work despite your limitations.

Our disability appeal attorney Bronx experts know how to address these denial reasons. We can help gather additional medical evidence, challenge biased examinations, and build a strong appeal case.

How the Law Office of Daniel Levy, LLP Can Help You File an Appeal

If your long-term disability claim has been denied, the Law Office of Daniel Levy, LLP can help you fight back. Our experienced Long-Term Disability Lawyer Bronx team provides comprehensive assistance with appeals:

Our Appeal Process Includes:

  1. Thorough Case Review We carefully review your denial letter, policy, and claim file to identify weak points in your application and the insurance company’s reasons for denial.
  2. Gathering Additional Evidence We collect additional medical records, doctor’s statements, and other evidence to strengthen your claim, including:
  • Detailed statements from your treating doctors
  • Functional capacity evaluations
  • Independent medical examinations
  • Vocational expert reports
  • Witness statements about your limitations
  1. Building a Strong Legal Argument We develop legal arguments that directly address the insurance company’s reasons for denial, citing relevant case law and policy provisions.
  2. Meeting All Deadlines We ensure your appeal is filed within the required timeframe, which is usually 180 days for ERISA plans.
  3. Representing You Throughout the Process We handle all communication with the insurance company, protecting you from saying or doing anything that could hurt your case.
  4. Preparing for Litigation if Necessary If your appeal is denied, we prepare to take your case to court. For ERISA cases, the court usually only reviews evidence submitted during the appeal, so our thorough appeal process is crucial.

Our Long-Term Disability Lawyer Bronx team has a proven track record of overturning denied LTD claims. We understand the complex ERISA regulations and know how to build compelling appeals.

Recent Success: Long-Term Disability Case

Our firm recently assisted a Bronx client whose long-term disability benefits were wrongfully denied after a serious medical diagnosis. Through diligent case preparation and strong advocacy, we overturned the denial and secured full benefits along with back pay and legal fees.

Speak to a Trusted Bronx Long-Term Disability Lawyer for a Free Consultation

Living with a disability is challenging enough without fighting insurance companies for the benefits you deserve. The Law Office of Daniel Levy, LLP understands the physical, emotional, and financial stress you’re facing. We’re here to help you navigate the complex world of long-term disability claims.

With years of experience handling LTD benefits NY cases, our Long-Term Disability Lawyer Bronx team has the knowledge and skills to take on even the largest insurance companies. We’ve helped countless Bronx residents secure the disability benefits they need to support themselves and their families.

We offer:

  • Free initial consultations to discuss your case with no obligation
  • No fee unless we win your case – you pay nothing upfront
  • Personalized attention from experienced attorneys who care about your well-being
  • Clear communication throughout the process, explaining complex legal terms in plain language
  • Aggressive representation against insurance company tactics

Don’t struggle with a denied long-term disability claim alone. Let the Law Office of Daniel Levy, LLP fight for your rights. We handle all types of disability claims, including:

  • Personal Injury related disabilities
  • Workers’ Compensation cases
  • Social Security Disability claims
  • Private insurance disability denials
  • Employer-provided group disability plans
  • Individual disability policies

Take the first step toward securing the benefits you deserve. Call us today at (718) 684-2530 to schedule your free consultation with a dedicated Long-Term Disability Lawyer Bronx expert. Our compassionate team is ready to listen to your story and help you get the benefits you need and deserve.

Don’t let insurance companies deny you the support you’ve paid for. Contact the Law Office of Daniel Levy, LLP now.

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