Lakewood Disability Attorneys Pursue Benefits for Clients
Colorado firm handles long term and short term claims
Silvern & Bulger, P.C. in Lakewood represents disabled clients who are seeking to obtain the benefits they are entitled to. If you are a Coloradan who cannot work for an extended period and require assistance with a long term or short term disability claim, we provide the advice and advocacy you need to enforce your rights.
When am I considered disabled?
If you have sustained an injury or illness that keeps you from working for a long period of time, you might qualify for benefits. Our firm has handled disability claims involving a wide variety of medical conditions, including:
- Anxiety, depression and other mental health disorders
- Back injuries and chronic back pain
- Brain injuries
- Cerebral palsy
- Chronic pain, including Lyme Disease and chronic pain syndrome-RSD
- Heart Disease
- Joint and muscle problems
- Morbid obesity
- Multiple sclerosis
- Post-traumatic stress disorder
Our firm can assist you if you have a question about the documentation needed to prove that you have a qualifying condition under the relevant policy.
What are the stages of a disability claim?
Most employers that opt to offer disability insurance to workers are governed by the federal ERISA law. Under this statute, you have the right to appeal the denial of your claim. We gather medical evidence and supporting information to demonstrate that your plan’s administrator did not undertake a proper review of your case. If your insurer refuses to honor your policy rights, we are accomplished ERISA litigators who will initiate a claim in federal court.
What are the differences between short term and long term disability?
The nature of your medical condition and the details of your particular disability coverage will determine what type of benefits you should seek. Short term disability (STD) is designed for when recovery is expected after an injury or illness will keeps them out of work for at least eight days. STD payments replace a percentage of the worker’s salary and often last for a period between three and six months.
When short term disability benefits end, long term disability (LTD) payments might begin for workers who possess that type of coverage. Usually, the waiting period for LTD is six months from the date when an individual stopped working. These payments could run for several years, and possibly might be provided until the claimant reaches retirement age. Given the potential cost associated with LTD benefits, insurers might be more reluctant to approve these claims, which typically fall under ERISA if the plan is provided by an employer.
How long do you have to file for a disability claim?
Once you’ve become disabled, it’s best to file for benefits as soon as possible. Many policies have deadlines that fall only a few weeks after the onset of eligibility following a disabling injury or illness. However, the notice-prejudice rule that exists in Colorado may give you the opportunity to initiate a claim after the filing period expires as long as the insurer was not harmed by the delay. Regardless of the circumstances in your case, we can help you understand your options.
What do you need to prove a disability claim?
After you submit the necessary paperwork for a disability claim, the insurance company might question if your medical condition actually prevents you from working. They are allowed to order an independent medical exam to verify your status. Employees who suffer an injury on the job should be eligible for workers’ compensation benefits, which might replace a higher percentage of income than disability insurance coverage. If your medical condition is work-related, we advise you on how to obtain the maximum payment.
Contact an experienced Colorado disability lawyer to schedule a free initial consultation
Silvern & Bulger, P.C. in Lakewood represents disability claimants throughout Colorado. For a free consultation, please call 303-292-0044 or contact us online.