Virginia Long Term Disability Insurance Claim Attorneys

Accidents happen when you least expect them, and it only takes a moment to sustain a disabling injury. If you recently suffered from a serious injury or illness in Virginia, and you cannot work at the moment, you might be wondering where to turn.

Those with long term disability insurance can claim benefits and receive a portion of their wages in the event of a disabling injury or illness. Whether you have long term disability insurance through your employer or you purchased a plan independently, our attorneys can help you maximize your claim.

For years, the caring legal team at Abell and Capitan Law has helped people throughout Virginia get access to the financial support they’re entitled to. Our law firm is known nationwide for:

  • Our exclusive focus on disability insurance claims
  • Providing clients with personalized, top-notch legal services.
  • Results-driven strategies to quickly secure long term disability benefits.

Whether you’re just getting started or you need to file an appeal, our attorneys are ready to evaluate your Virginia long term disability insurance claim. Contact us today at (267) 419-7888 to schedule a free, no-obligation consultation.

Disability Statistics in Virginia

Disabling injuries and illnesses affect nearly everyone at some point in life. Fortunately, if you have long term disability insurance, you can access benefits that replace a portion of your wages while you recover from your injury.

Disabilities among Virginia residents are more prevalent than you might think. According to disability statistics in Virginia:

  • While slightly lower than the national average, approximately 23.6% of adults in Virginia have some type of disabling injury or illness.
  • Every year, approximately $8 billion is spent on healthcare expenditures for disability costs.
  • It’s estimated that 12.1% of disabled adults in Virginia have a disability that impairs mobility, making it difficult to walk or climb stairs.
  • Cognitive disabilities – such as difficulty concentrating, remembering, or making decisions – make up 9.7% of disabilities among adults in Virginia.
  • 5.7% of disabled adults in Virginia have a disability that affects independent living, such as shopping, doing their own errands, and visiting the doctor’s office.
  • Deafness and hearing loss amount to about 5.9% of disabilities among Virginia adults.

Why You Should Hire an Attorney for Virginia Long Term Disability Insurance Claims 

No one can prepare for a disabling injury or a serious health condition that leaves you unable to work. But if you have long term disability insurance – either through your employer or through a privately purchased plan – then your first step should be filing a claim for benefits.

However, many people are discouraged to find that this process is very complicated. In fact, it’s not uncommon for disability insurance companies to send repetitive requests for documents, or to pick apart claims to reduce benefits. When you need financial benefits the most, your insurance company will still keep their own interests in mind.

This is why hiring an experienced attorney is crucial to the success of your claim. At Abell and Capitan Law, disability insurance is all we do. With expertise in this area, we know exactly how to make the most of your claim and can help you get benefits as soon as possible.

These are just some of the ways our attorneys can assist with your claim:

  • Obtain required documentation on your behalf, and translate complex insurance documents, so you fully understand your benefits.
  • Prepare and file your application in accordance with any deadlines and other requirements.
  • Fight any denied claims on your behalf, including obtaining medical opinions to support your case.
  • Bring a lawsuit if benefits cannot be recovered through the claims process.

FAQs About Virginia Long Term Disability Insurance Benefits 

We often receive questions about long term disability insurance benefits, and what to do if your application or claim is denied. We answer some of the most commonly asked questions below, but don’t hesitate to reach out to us if you have any more questions about your long term disability insurance needs.

What are the chances of my long term disability claim getting denied?

Since each disability insurance company has its own set of requirements, your chances of successfully recovering benefits will vary. However, these are some of the most common reasons for denial:

  • Failure to Meet Policy’s Definition of Long Term Disability: Your summary plan description should have an exact description of what your insurer considers a disability. If you fail to meet the stated requirements, your claim may be denied, or your benefits might get reduced. For instance, some plans have provisions regarding “Own Occupation” and “Any Occupation.” With “Any Occupation” insurance plans, you are not considered to be totally disabled if you can still perform the job duties of any occupation. Conversely, “Own Occupation” plans will consider you totally disabled if you cannot perform the duties of your own occupation.
  • Excluded Condition or Illness: It’s important to know that some conditions and illnesses are excluded for coverage. An attorney can help you read the fine print of your policy, but commonly excluded conditions include fibromyalgia, chronic fatigue, depression, and other conditions primarily based on subjective symptoms. That said, an attorney may be able to help you appeal claims that are denied based on excluded conditions.
  • Failure to Meet Deadlines: There are a number of strict deadlines that you must comply with when filing a claim for long term disability benefits. Unfortunately, sometimes these deadlines overlap with federal deadlines. This is a common hurdle that people run into when handling their claim on their own. It’s best to hire an experienced attorney at the outset who can handle the entire claims process for you.

Is it possible that my long term disability payments will get reduced?

There is a chance that your long term disability payments can get reduced, even after your claim has already been approved. The insurance company may later argue that you have a residual disability rather than total disability, meaning that you can still perform some job duties. If this happens, an attorney can help you fight to restore your full amount of benefits.

What’s the difference between social security disability and long term disability insurance benefits? 

Social Security is a federal disability program that provides benefits to those who cannot work due to a severe injury or illness. In order to qualify, your condition or injury must limit your ability to do basic work for at least one year. You need to also have worked in a job covered by Social Security. Social Security benefits are payable only for total disability, not for partial or short-term disability.

Long term disability insurance, on the other hand, is typically provided through an employer. You may also purchase a plan on your own if you are self-employed, or if you simply want more coverage. With disability insurance, you generally pay a monthly premium and, in the event of a disabling injury, you can access benefits that replace a portion of your wages.

Can I file a claim for workers’ comp instead of long term disability? 

Workers’ compensation and long term disability insurance are completely separate programs. Workers’ comp, which can replace some of your wages and pay for medical care, is available only for those who are injured on the job. Disability insurance benefits are designed to compensate people who have sustained a non-work related injury or illness.

Can I work part-time while collecting long term disability?

This depends on your specific policy, but if you are working, you may be putting your long-term disability benefits in jeopardy. Generally speaking, if you have an “Own Occupation” policy (meaning your disability is defined as not being able to carry out the duties of your own occupation, not just any job), then you have more freedom to work. That said, it’s always best to consult with an attorney before working or doing anything that can put your disability benefits at risk.

Our Attorneys Are Ready to Review Your Virginia Long Term Disability Insurance Claim 

If you have an active insurance policy for disability, then you have a right to claim your benefits in the event of a disabling injury. At Abell and Capitan Law, we can help you throughout this process. Our caring legal team will take the time to fully explain your long term disability insurance benefits, and address any questions or concerns you may have. We also charge absolutely no fees unless we successfully recover benefits on your behalf.

The sooner you speak to an attorney, the sooner you can get the financial support you’re entitled to. Our legal team is ready to review your claim. To schedule a free, no-obligation consultation, contact us today at (267) 419-7888.

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