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Disability Claim FAQs

As long as my doctor and I properly complete the disability application forms will I receive benefits?

No. Disability benefits are not usually approved based solely upon submission of application forms.

Why should I use a lawyer?

While a lawyer is not required, your chances of securing disability benefits increases significantly if you are represented by an experienced disability attorney. The sooner you retain an attorney, the more time the attorney will have to obtain the medical and vocational evidence to prepare your claim. An attorney should help you avoid making statements at interviews and in writing that can be misconstrued, and how to address evidence that may appear to hurt your claim for disability benefits, such as reports from doctors paid by insurance companies and the Social Security Administration (the “SSA”).

What materials should I have if interested in hiring an attorney?

You should have a copy of your claim file. If your claim is for long term disability (“LTD”) benefits, then you can request the records from the insurance company. You should also get your Summary Plan Description from your employer, union or the insurance company. If your claim is for Social Security Disability (“SSD”) benefits, then you can get a copy of your file from your local Social Security field office or Office of Disability Adjudication and Review.

If my doctor or I send a letter saying that I cannot work will my appeal be successful?

No. Both medical and vocational evidence is almost invariably required in order for an appeal to be successful.

If I am receiving LTD benefits will I automatically get Social Security benefits, and vice versa?

No. Approval of disability benefits by an insurance company or the SSA is not binding on the other.

Do I need to be concerned about a doctor selected by an insurance company or the SSA examining me?

Yes. A so-called “Independent Medical Examination” by a doctor paid by an insurance company is rarely independent. Similarly, a Consultative Examination by a doctor paid by the SSA is normally unfavorable to the claimant. Those doctors know who is paying the bill and they aim to please in order to get more work. Surprisingly, those doctors frequently do not specialize in the area of medicine that is relevant to the claimant’s impairments. Furthermore, because those doctors only get a “snapshot” of your condition from their one examination, they often fail to observe or understand the problems you experience intermittently or in varying degrees of severity.

What are my costs other than attorney fees?

You are responsible for the cost of securing and submitting medical and vocational records and reports. You are also responsible for the costs of litigation if the matter goes to court.

What do I do if I can no longer work?

Send a certified letter to your employer or union asking for a copy of the Summary Plan Description for your disability plans and every other health and welfare benefit plan that may cover you.

Will my disability claim be reviewed in fair manner?

Some insurance companies and Administrative Law Judges (“ALJ’s) have a history of evaluating disability claims in a biased manner. For example, your doctor’s treatment notes could indicate your condition was improved the day of the exam, which would be intentionally misconstrued that you have recovered. If you lost the ability to walk in a car accident, your overall condition may have improved, but that improvement does not mean that you completely recovered or can return to work. Alternatively, disability benefits may be denied or terminated for a lack of “objective” evidence for a condition like chronic fatigue syndrome or depression, which cannot be confirmed by a diagnostic test.

Can any attorney handle my disability claim?

Disability law is a specialized and complicated field and you should make sure that your lawyer has expertise in the field. For example, ask the attorney that you are considering retaining how many disability cases he has handled. From our experience with disability claims, we know what medical and vocational proof is needed and how to present it.

Is there more than one type of Social Security disability benefit?

Yes. Disability Insurance Benefits goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widow’s and Widower’s Benefits are paid to individuals who are at least 50, and have become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have enough work credits to be insured. Disabled Adult Child Benefits go to the children who became disabled before their 22nd birthday, whose parents are deceased, or drawing Social Security disability or retirement benefits. Supplemental Security Income benefits are paid to individuals who are poor and who are disabled. SSI child’s disability benefits are a type of SSI benefit paid to disabled children under the age of 18.

Why are so many so many claims for disability benefits rejected?

Many people who are disabled suffer from pain or fatigue, and it is difficult to determine the severity of another person’s pain or fatigue. The SSA and insurance companies have become more concerned with making sure that everyone who is receiving disability benefits is “truly” disabled. Insurance companies and Congress believe that many people will “fake” disability in order to get benefits.

What should I do if the SSA says it is terminating my disability benefits?

If you appeal within 10 days after being notified that your disability benefits are being ceased, you can ask that your disability benefits continue while you appeal the termination decision.

Can I get disability benefits because of a mental illness?

Yes. Even if there is nothing wrong with you physically, mental illness is a valid basis for obtaining disability benefits.

Can I get health care coverage if I become disabled?

Many employers’ health plans provide that your health insurance premium will be waived if you become totally disabled. If you are approved for any kind of Social Security disability benefit other than SSI you will get Medicare after you have been entitled to SSD benefits for two years. If you are approved for SSI you will get Medicaid.

Is there anything that I can do besides suing an insurance company if my benefits were denied or terminated?

Yes. You can file a complaint with the State Department of Insurance. In many States, including New York, you can download a complaint form from the Insurance Department’s web site.

How long do I have to wait after becoming disabled before I can file for SSD benefits?

Not even one day. You can file for SSD benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a SSD claim. There is no reason to file a SSD claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for SSD benefits. People are led to believe that they need to be disabled and out of work for a year before applying for Social Security Disability (“SSD”) benefits. The regulations actually state that you must have a condition that has lasted or can be expected to last for at least 12 months in a row which is why I always advise potential claimants to file as soon as possible.

I got hurt on the job. I am drawing worker’s compensation benefits. Can I file a claim for SSD benefits now or should I wait until the worker’s compensation ends?

You do not have to wait until the worker’s compensation ends and you should not wait that long. An individual can file a claim for SSD benefits while receiving worker’s compensation benefits. It is best to file the SSD claim as soon as possible because otherwise there may be a gap between the time the worker’s compensation ends and the SSD benefits begin.

Can I get both worker’s compensation and SSD benefits?

Yes. There is an offset, which reduces SSD benefits because of worker’s compensation benefits paid, but in virtually all cases, there is still some SSD benefits to be paid. In a few states the offset works the other way – – worker’s compensation benefits are reduced because of SSD benefits.

Has Cigna denied cases in bad faith?

Yes.  Cigna has a history of denying cases in bad faith.  They were the subject of a segment on Good Morning America for this specific reason.  They were also targeted by the Maine Superintendent of Insurance and the Massachusetts Commissioner of Insurance for unfair and deceptive handling of claims, which resulted in a Cigna being instructed to come up with a plan of corrective action to address those concerns.

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Testimonials

I haven’t gotten a chance to thank you for everything you and your staff did for me and my family.   I can’t thank you enough.  It really means a lot to me.  I know you and Susan Golden worked countless hours on my case with numerous emails and phone calls.  In the beginning I was a little skeptical and nervous going through the social security process but in the end we prevailed and this really separates you from other attorneys that are in it just for the business.  Your compassi… Read more
A.D.
Just wanted to thank you again for helping me with my case. With me being very impatient with the whole SS process, you always talked me off the ledge and reassured me that everything was going to be fine. I know I can never thank you enough. I wanted you to know how appreciative my wife and I am for all the hard work that you guys did for me. I do now and always will continue to recommend Mr. Delott to anyone needing help. Have a nice day.
M. A.
“From my initial consultation with Jeffrey Delott, I was immediately impressed with his knowledge of Social Security Disability. From day one he always answered my questions or concerns I had and always explained what to expect in detail. I did receive my benefit and was glad that I used him as my attorney.”
I. F.
I just wanted to thank you again for helping me with getting my disability. I was vacillating with my decision to apply knowing that I needed to, but kept wavering as i felt I must be able to work at something. Left to my own devices I would probably still, be working on the application. With your help we progressed in a timely manner and I should be receiving my first check this month. Thank you again.
M.J.M.
“When my friend referred me to your firm, he mentioned how pleased he was with how you and your staff handled his case. I agree. It is so important that you have the proper representation when you become disabled.”
C. W.
Jeffrey came highly recommended by a friend of mine who had used his services and been approved. Not only did Jeffrey help me with my SSD claim he also helped me with my LTD and pension disability. He dealt with me personally and always kept me informed. he is extremely knowledgeable and responds immediately to an questions i had. His staff is extremely helpful and I know I will always get a return phone call very quickly. I would highly recommend him – he really knows his stuff and i appre… Read more
The best disabiity attorney
“Mr. Delott was extremely knowledgeable, supportive, patient and professional. He helped me every step off the way- never giving up and always available for questions and advice. I was able to secure an award quicker than anyone thought thanks to his detailed service and determination! Highly Recommended!”
L. S.
“I could not believe how quickly my case was approved. If it were not for all your hard work and dedication I know I would not have had this quick and favorable outcome. I truly appreciate you walking me through this complicated process, and taking the time to answer all of my many questions.”
N. D.
I want to thank you for the sensational work you did in winning my disability appeal. Your professionalism, and that of your staff, were notable throughout your representation of me.
S.P.
“I want to thank you for being so professional, compassionate, thorough and knowledgeable about your field. I cannot express my gratitude enough. You are the best.”
U. P.
“I was certain I made the right choice hiring Jeff Delott from the very beginning, and my certainty was consistently validated every step of the way. Jeff kept me informed, always responded personally to my concerns within 24 hours, and was a relentless warrior on my behalf. Jeff understands why you need his services, and he treats you with respect while aggressively and expertly handling your situation.”
M.C.
From the onset of working with Jeffrey Delott, I found him to be efficient and knowledgeable. He was very understanding about my situation and easy to talk to.. I am extremely satisfied with the results I acheived working with Jeffrey Delott’s firm.
N. R.
I cannot begin to thank Mr. Delott for his outstanding commitment to securing Social Security Disability for my husband, Andrew. When my husband was first diagnosed with early onset Alzheimer’s, I was not only overcome with the grief of his disease but facing the reality of financial disaster due to his inability to work. My husband was only 59 at the time of his diagnosis. It was through sharing my situation with my co-workers that Mr. Delott’s name was given to me as a referral, and the… Read more
M.C.
“I will never forget when I was originally denied benefits for Fybromyalgia,Jeffrey Delott told me not to worry, he assured me that I will be approved, he said it might take some time but I will get my benefits. Thank you so much, your aggressiveness and knowledge make you the best at what you do.”
L. J.
I really don’t know what I would have done if I didn’t have Mr. Delott and Susan Golden.  I’m so happy to be receiving my SSD benefits and have money.  I never met such honest people who work in a law firm.  They truly care and help.  I would say if you need a SSD lawyer please call this office ASAP.
D. Z.
Thank you for winning my SSD case! I was at a major crossroads in my life after I was no longer able to work. I did not know where to turn or what to do and the stress was taking its toll on my self and my wife. I was both overwhelmed and scared to death with the thought of having no income and no hope of ever earning a living again because of my illness. I would recommend Jeffrey Delott to any person who needs a disability attorney and wants to win. Jeff and his staff always “kept me in th… Read more
D.V.
Thank you for your help and support in attaining the benefits my husband was due. We will be able to pay our bills and expenses, and will definitely be able to sleep better at night. We will definitely recommend you for legal matters.
W. R.
I wanted to express my gratitude to you, for winning my Social Security Disability Insurance (SSD) claim. Though my words will never truly match the abundant respect and appreciation I have for your firm’s skill and careful handling of my SSD case, I thought I should, at the very least, begin with this letter. I originally hired another SSD attorney to represent me on my claim; my claim was mishandled by that attorney’s office and consequently denied. At that point I was already out of… Read more
S.M.
“Jeff Delott really knows his stuff. His professional advice and guidance were extremely valuable in helping me to navigate through the overwhelming amount of red tape involved in obtaining SSD.”
A. N.
Thank you very much for all your help. You were very kind. I recommended my neighbor to you. I’m sure you’ll help him too! Thanks again!
M.B.
Thank you for all your hard work and dedication. Your knowledge and guidance helped bring comfort to me and my family during a difficult time. You were always available to answer my questions and offer your advice and support. In my mind, there is only one disability lawyer and that is Jeffrey Delott.
G. G.
I’m not the type of person that sits and sends letters out to people, but everyone at The Law Offices of Jeffrey Delott Law was professional and responsive to me. I’m still amazed at the speed and efficiency in which my disability case was handled from start to finish. I can’t thank you enough.
B.T.
“I have recommended you in the past and I will continue to do so!”
L. Z.
“I contacted Jeff Delott over the internet and within 24 hours he contacted me by phone. Mr. Delott was extremely knowledgeable and upfront about what records I would need to produce to win the case. I had filed for SSD by myself and was denied twice. With his expertise he had it overturned with a fully favorable decision within a few months and I did not have to go in front of an ALJ. He was very responsive throughout my case and he did not give up! I would highly recommend Jeff Delott to … Read more
D. G.
“I can’t say enough about Jeffrey Delott . His knowledge and aggressiveness helped me get my LTD benefits started in a matter of days after weeks of unsuccessful attempts alone. Thank You!.”
K. M.
Jeffrey Delott did an amazing job for me. Mr Delott applied for SSD and for my private LTD for me. There was continual communication between Mr Delott or his assistant Susan with me almost on a daily basis via email, telephone, or regular mail. Then after only five months into the process I received a call from Mr Delott saying that I was approved for both SSD and my LTD on the same day. After speaking with friends and reading horror stories online about how the process can take up to 2 yea… Read more
H.D.
“From the moment I hobbled into his office, Jeffrey was quite clear on how he would attack the inaccuracies and inconsistencies of several reports of Hartford people. I couldn’t help crying when Jeff told me my benefits were being reinstated because I was so overwhelmed with joy and shock. I never win anything. I know this could never have happened without the aggressive skills of Jeff.”
A. B.
Thank you so for taking my case when nobody else would. Thank you for seeing that I had a case when no other lawyer would touch me. Only you saw that there was hope. I can’t thank you enough for taking all my calls through all my doubts. You are indeed a great savior. I will recommend you to anyone who asks.
B.L.
“Jeffrey Delott has been considerably successful in obtaining my disability far beyond my achievement and I TRULY THANK him for his gallant efforts.”
L. W.
Jeffrey Delott’s Law office was dedicated to getting my S.S.D. benefits. They were always patient and eager to help me. I was treated kindly and honestly and highly recommend using Jeffrey Delott to win your case. “From the moment I had my first conversation I knew I was in very good hands, and felt confident that I would have a favorable outcome. Whenever I had a question or concern it was answered right away. I highly recommend Jeffrey Delott and his staff to represent you for any disabil… Read more
R.D.
I applied for disability on my own and was denied. I was referred to Mr. Delott and couldn’t be happier with the outcome of my case which was approved. Mr. Delott is the most knowledgeable, efficient attorney who gave his undivided personal attention and guided me every step of the way. You won’t find a better disability attorney.
Highly recommended Disability Attorney
I am an attorney who suffered a permanent disability. Once disabled I had to decide whether to represent myself in a petition against the Social Security Administration or to retain another attorney to pursue the claim on my behalf. As an attorney I had access to the court system. As a result I was familiar with administrative judges, court clerks, attorneys and other persons employed in the field of disability law. If you want to know who are the best and brightest attorneys in any fiel… Read more
A.C.
“I found Jeff to be relentless in his determination to get my case settled quickly. He succeeded in a matter of months. When I had spoken to other lawyers they would tell me it could take two years. I recommend him to anyone who wants a lawyer who will go all out for you and be there every step of the way.”
T. B.
“I strongly suggest that people who are in need of SSI or SSD benefits get in contact with you guys. I did not think I would be approved in such a short period of time. Mr. Delott was very professional, he knew his job and the system very well, and he kept me informed at all times. He and his staff will take care of everything. I am very, very, very happy with the results. I am a disabled veteran, and this was the best thing that could happen to me. I recommend and suggest that you give Mr.… Read more
R. S.
“Jeffrey Delott has the utmost ethical standards of any lawyer that I have dealt with. He possesses all of the assets necessary for success — honor, dignity, and sincerity. I will continue to refer him to friends and family. He took the time to explain the particulars of my case, was always available to take my calls, always returned my calls and was always available to answer my questions no matter how silly they might have been.”
S. F.
It has taken me time to think about what to say to you for all the compassion and hard work you have done for me. You called me to appraise me of every step I needed to take and at what point my case was at. Whenever I had a question or concern I would call you, If you were unavailable you did call me back ASAP. You heard me cry, you listened when I was at financial brink, you knew my pain was real. You did not treat me like I was a piece of paper coming across your desk and another case to… Read more
P.C.
“Thank you for all of the excellent work you did on my behalf to help me win my appeal for long term disability benefits. Throughout that difficult time my comfort was knowing that I had the best attorney on the job. Your foresight of all possible contingencies and your proactive approach really helped me to get a handle on the many documents and doctor’s visits required to put forth the best possible case. You put your incredibly thorough knowledge of this area of law to its best use every… Read more
B. K.
I want to express our extreme appreciation for all your hard work and determination you put into winning my disability case and the settlement from The Standard.  We couldn’t have done any of this without you, your knowledge, and expertise.  I am now able to concentrate on my health.
S.H.
Hands down he is the best Disability Attorney around. He is extraordinarily knowledgeable and successful and gives you personal attention unlike you would get from a large firm like Binder and Binder.
Best Disability Attorney

DISCLAIMER
This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.

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