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  • Home
  • New York Long Term Disability Lawyers

New York Long Term Disability Lawyers

long term disability lawyer in New YorkHaving the support of others is essential. Up until now, your family, friends, and workmates may have been able to give you a hand when you have needed one. Yet, now that you have a long-term disability, you both need and deserve the help of a professional legal team.

Your future is at stake. The actions you take at present will determine whether you secure enough long-term disability benefits to take care of yourself and your loved ones. An experienced disability lawyer from our law firm, Hill & Moin, wants to be like the attorney in your family. We are ready to dedicate the full power of our legal team’s time and resources to make sure you receive your disability benefits and any additional compensation you may be due because of a personal injury.

Let’s start with a free long-term disability consultation. An experienced Hill & Moin lawyer will examine your situation and discuss your options with you. It is only fair that you receive the maximum amount possible from your long-term disability insurance, social security, and workers’ compensation. Knowing some facts about these programs will help you to get started with your claim.

What to Expect from Workers’ Compensation Insurance

Most claims for disability benefits are for short-term or temporary benefits. State benefits protect you while you are unable to work due to a work-related illness or injury. You are eligible for cash benefits if your disability prevents you from working for more than 7 days.

Calculating short-term disability cash benefits

To figure out how much you are due, calculate your average weekly pay for the previous year. You will receive 66 and two-thirds percent of your weekly wage multiplied by a percentage representing how disabled you are. For instance, let’s say that you earned $800 a week last year. If the compensation board deems you completely (100 percent) disabled, your disability benefits would come to about $533.

Of course, your individual circumstances may not be as straightforward. Did you change career fields since last year? Did you get promoted from part-time to full-time? Or perhaps this is your first job, so you don’t have a full year’s salary information?

If you had a New York disability attorney in the family, you probably would not hesitate to ask him or her for professional advice. A capable Hill & Moin lawyer for long-term disability cases can fill that role for you. Contact us at (212) 668-6000 to speak to one of our disability attorneys. We can use our years of disability insurance experience to make sure you get the maximum financial assistance permissible according to long-term disability law.

Calculating long-term disability cash benefits

Long-term disability benefits cover periods lasting longer than 6 months, according to the US Bureau of Labor Statistics.

Your benefits depend on your disability classification assigned by your healthcare provider, which may be:

  • Permanent Partial Disability
  • Schedule loss of use (SLU) – Permanent loss of hearing, eyesight, or an extremity, such as a finger or toe
  • Non-schedule loss of use – Permanent disability of a body part or a condition not covered by SLU regulations (e.g. spine, lungs, heart)
  • Disfigurement – Permanent and severe damage of the face, head, or neck
  • Permanent Total Disability – Total and permanent loss of wage-earning capacity

How long you will receive payments is determined by a number representing the percentage of lost wage-earning capacity. The maximum length of time ranges from 225 to 525 weeks.

Applying for cash benefits

To get your benefits, you must file a claim with your employer using a Notice and Proof of Claim for Disability Benefits. However, if your long-term disability began more than 4 weeks from your last workday and you are receiving an unemployment allowance, you may need to complete some additional paperwork.

When you become disabled, you may notice that you feel more stressed and overwhelmed than usual. Just like a concerned family member, we want you to focus on getting better. A competent Hill & Moin long-term disability insurance lawyer can handle gathering the necessary documentation and filing your forms accurately and on time.

When you get help from an experienced professional attorney, you will feel like a weight is lifted off your shoulders. But what about medical insurance claims?

What to Expect from Medical Insurance Companies

Workers’ compensation only covers employees injured on the job or suffering from work-related occupational conditions. Up to 49 percent of workers have access to short- or long-term disability coverage policies, and not all of these will protect employees outside of working hours.

Your employer may be paying the insurance company premiums, or you may have a portion of the costs taken from your paychecks. You can also buy your own long-term disability insurance policy. When you need time off to recover, an insurance company may pay up to 70 percent of your regular wages. Short-term disability coverage offers financial aid from 9 to 52 weeks, depending on the type of policy.

Examples of short-term medical issues may include:

  • Childbirth and recovery
  • Broken bones
  • Skin conditions (e.g. burns, allergic reactions, exposure to harmful chemicals)

Long-term disability insurance coverage varies by policy also. An insurance company usually covers you for 5 to 10 years.

Examples of long-term medical issues may include:

  • Cancer
  • Paralysis
  • Psychological problems

Other long-term programs extend coverage until you recover or reach retirement age. The benefits paid by employers or their insurance carriers are subject to Social Security and Medicare taxes. Once you qualify, you can receive disability compensation and Social Security retirement benefits at the same time.

How to Handle a Rejected Claim

Any type of disability insurance company, whether the policy is state- or employer-provided, reserves the right to reject claims. It may be decided that you are ineligible to receive compensation for a number of reasons. At this point, many people give up because they feel their situation is hopeless.

Because we care about our clients, we want you to be well-informed about your rights. When insurance companies deny claims, New York law requires them to state the reason for the rejection. Disability insurance regulations also protect your right to appeal their decisions.

A Hill & Moin attorney can help you to build your case. Often, applicants have made an error, or they are missing an essential document to support their disability claim. Send us a message online, and we will schedule a free disability insurance case evaluation with a capable long-term disability attorney. With a competent Hill & Moin attorney in your corner, you can better your chances of gaining lasting security for your family.

How to Know If You Should File a Personal Injury Claim

Workers’ comp insurance and many traditional medical insurance companies are no-fault, meaning that they cover the medical expenses of workplace accidents regardless of blame. Yet, if you think your accident was preventable, there may be someone who should be held responsible – but to what extent?

Ask yourself these questions: Are you struggling to make ends meet, even if you are already receiving a portion of your former salary through disability checks? Have your medical issues negatively impacted your life? Do you find that you cannot do all the activities that you once enjoyed with family and friends because of your new physical or psychological limitations?

If you answered yes to these questions, you are not alone. In a 2018 report, 11.2 percent of the New York City population lives with a disability. The Center for Disease Control and Prevention reports that adults with disabilities are more prone than others to:

  • Be inactive
  • Be obese
  • Have high blood pressure
  • Smoke

If someone was responsible for your disability, missing out on the life you once had may seem all the more unfair. If you are feeling sad and shortchanged, we feel your pain. Our team of long-term disability lawyers wants to help you. No amount of compensation can really make up for your loss, but getting a well-deserved cash settlement can relieve financial stress and fund accommodations to make your home more comfortable.

Our law firm has secured millions of dollars in damages for our clients since 2005, including these outstanding examples:

  • $6.5 million for medical negligence in treating a stroke patient
  • $1.9 million verdict for a construction worker who was struck by a wooden plank and fractured his collarbone
  • $515,000 settlement for man injured while at work at New York Sports Club on an unleveled elevator
  • $500,000 settlement against a utility company for a sidewalk trip-and-fall
  • $500,000 settlement for an eye injury suffered from a falling object on a construction site

Property owners, product manufacturers, and coworkers can be held liable for negligence resulting in injury. So if your long-term disability caused you pain and suffering, a knowledgeable Hill & Moin disability claim attorney can pursue your legal right to seek justice via compensation. The amount of damages you could receive varies, but it would be foolish to overlook an opportunity to secure your family’s financial future.

Would you like to consult a long-term disability lawyer with no obligation? What holds you back from investigating whether you have a case? If you are worried about how much disability attorneys charge, we can set your mind at ease. No Hill & Moin attorney ever charges for our free professional disability claim consultations.

During a complimentary case evaluation, a Hill & Moin long-term disability insurance attorney will examine all the details of your unique circumstances. He or she will look for ways to maximize the amount you receive from disability insurance. If you have grounds to seek further damages, we will agree on our attorney fees, which will be taken from a successful verdict in your favor.

Don’t wonder about your rights! Call the personal injury lawyers at Hill & Moin in New York at (212) 668-6000 to get answers to your legal questions today. 

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