Long Term Disability Attorneys in Vermont


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Long Term Disability Attorneys in Vermont

If you are dealing with a long term disability claim in Vermont, contact the long term disability attorneys at Kohn RathDanon Scharf Jarvis &Modun for reliable legal aid.

Dealing with a disability can be overwhelming. Not only are people left to endure mental and physical pain and suffering, but their financial health is often compromised as well. In many cases, people secure long-term disability insurance to help provide them with reliable income and benefits should they be unable to return to work. Although we like to think insurance companies have our best interest in mind, these companies often do what they can to prevent injured parties who rightfully deserve benefits from receiving the coverage they expect.

Depending on the type of insurance policy you have, there are various steps necessary to file a claim and receive full benefits in a timely manner. There is a vast difference between disability law and personal injury law. For this reason, it is crucial that you seek the legal guidance of a team qualified and knowledgeable in handling both ERISA and long-term disability claims.

The Vermont legal team at Kohn RathDanon Scharf Jarvis &Modunhas several decades of combined experience representing clients in long-term disability claims. Often these policies are provided by employers as part of employee benefit programs. If so, they typically fall under the Employer Retirement Income Security Act of 1974. ERISA has very strict rules about how claims can be made and how they are reviewed. You should have the assistance of an experienced Vermont long-term disability lawyer, to guide you through the process. Often these claims end up in federal court in disputes about whether the LTD administrator properly denied the claim.

Some LTD policies fall outside of ERISA. If you bought an LTD policy on your own, or if the policy was provided by a public school district or government agency, then your claim may be governed by Vermont state laws on insurance claims. In some instances, an insurance company could also be subject to tort liability if it denied your claim in bad faith.

Whether your claim is covered by ERISA or state insurance laws, contact our long term disability attorneys in Vermont as soon as possible to see how we can help you. Our team at Kohn RathDanon Scharf Jarvis &Modun is available to meet with you at your earliest convenience to determine the best options available when it comes to moving forward with your claim.

Disability Categories

It is imperative that you are aware of how the Social Security Administration determines what illnesses and conditions fall under each category. In general, these conditions are broken down into groups, like:

  • Cancer
  • Cardiovascular disabilities
  • Endocrine disabilities
  • Digestive system disabilities
  • Hematological disorders
  • Skin conditions and diseases
  • Sensory/Speech disorders
  • Musculoskeletal disabilities
  • Multiple impairment disabilities
  • Neurological conditions
  • Immune system illnesses and diseases
  • Genitourinary impairments
  • Respiratory disorders
  • Neurological/sensory disorders

Even if your specific illness or condition does not fall under any of these categories, you may still qualify for benefits under either an individual or a group long-term disability insurance policy. Before filing your claim, you will want to consider the types of injuries and illnesses you suffer from and how they impact your life. It is crucial to take into consideration how your injuries impact your ability to work and to what extent they prevent you from performing the duties of your job. Waiting too long to file for benefits can have a detrimental impact on your ability to collect. Working with our knowledgeable long term disability attorneys at Kohn RathDanon Scharf Jarvis &Modun in Vermont can help to ensure you are in the best position possible to secure the benefits you need and deserve.

Types of Long Term Disability Available

There are two basic types of disability policies that people can qualify for. The most common type of long-term disability benefits for workers is those offered as part of their employee benefits package. These benefits are often added to short-term disability benefits and are typically available to employees in the event that they become disabled as a result of an injury or illness during the time in which they are covered by their benefit plan. In many cases, insurance companies that provide these benefits for employees take part in processing claims relating to long-term disability.

Additionally, long-term disability benefits offered through employers via benefits packages, long-term disability coverage is also available through various insurance companies in the form of an individual policy. These policies are standalone and do not require any type of employment to qualify. These privately-owned insurance policies provide various disability benefits to single individuals so long as they meet the specific definition of having a disabling condition that is covered by the policy. Given the fact that these policies are typically bought from an insurance company, the coverage they provide is not guided by the ERISA statute.

At Kohn RathDanon Scharf Jarvis &Modun, we have extensive experience in handling both types of policies and are available to answer questions and help you with the application process, handling an appeal, and more.

What is ERISA?

The Employee Retirement Income Security Act is a federal law that sets minimum standards by which voluntarily established health and retirement plans in the private industry adhere to. ERISA is an act that expands the protections available to plan participants and beneficiaries.

Since enacted in 1975, these laws have gone through rigorous changes to meet the demands of our ever-changing workforce. Our Vermont legal team is well-versed in handling claims guided by ERISA and we strive to help our clients secure the benefits they deserve as quickly as possible so they do not have to suffer any emotional, physical, or financial consequences.

When Will I Receive my Benefits?

One of the most common questions claimants have pertains to when they will begin to receive coverage through their insurance policy. Although we want to provide a straightforward answer to everyone, the time in which a person has to wait is typically determined by the waiting period specified in their policy.

In general, the time in which you receive your benefits is determined by the elimination period specified in your policy as well as the waiting period, or the accumulation period. In situations where you are required to wait for 90-days for benefits, the first payment will arrive after 135-days. If you are required to wait for 180-days for benefits, your first benefit payment will arrive in 215-days from the date of your disability.

It is imperative that you understand that disability insurance is not something that uniformly fits every worker. Instead, each applicant has their own needs that need to be taken into consideration. Depending on your line of employment, you may have different benefits available for you. Reaching out to our Vermont long term disability attorneys at Kohn RathDanon Scharf Jarvis &Modun can help to understand the waiting periods specified in your policy and other information about the benefits you may qualify for.

What Do You Do If Your Claim is Denied?

The chances of success while fighting a large disability insurance company alone are not that good. These insurance companies all employ large legal departments, expansive teams of medical experts, and outside law firms willing to fight on their behalf and do everything they can to ensure that your claim is denied and fight against your ERISA appeal. For this reason, it is crucial that you seek the legal guidance of a qualified and knowledgeable legal team as soon as possible.

The Vermont attorneys at Kohn RathDanon Scharf Jarvis &Modun understand the complex process of litigating ERISA and long-term disability claims. We understand the administrative appeals process is full of pitfalls and traps that may prevent individuals from receiving the benefits they need and deserve. Our team is equipped with the knowledge, experience, and determination necessary to help our clients prevail. Contact our long term disability attorneys in Vermont as soon as possible to see how we can help you.

Our Team Can Help with Your Long Term Disability Claim

With decades of combined experience, our Vermont long term disability attorneys at Kohn RathDanon Scharf Jarvis &Modun have helped numerous people protect their legal rights throughout the entire legal process of filing a long term disability claim. Our team strives to help people protect their legal rights and secure the benefits they rightfully deserve after experiencing a disabling injury or illness. Given the fact that each case is truly unique, it is crucial that you seek legal guidance from a long term disability attorney in Vermont who is familiar with ERISA laws. Our full-service Vermont Law Firm works diligently to make the process as smooth as possible for our clients. Whether your claim is covered by state insurance laws or ERISA, contact our attorneys at (802) 482-2905 to see how we can help you. Schedule a free consultation with our Vermont law firm at your earliest convenience to get started on your claim.


Our Attorneys:

Kohn Rath Danon Scharf Jarvis & Modun is a  Vermont law firm located in the Town of Hinesburg, providing a broad and comprehensive array of legal services to our clients.  Our attorneys have experience in many practice areas of the law. (Click on the name of a team member for additional information)

Roger E. Kohn
Roger E. Kohn
Partner - Former President of the Chittenden County Bar Association
David Rath
David Rath
Partner
Beth A. Danon
Beth A. Danon
Partner - Former President of the Vermont Association for Justice (the Vermont Trial Lawyers Association)
Craig Jarvis
Craig Jarvis
Partner
Amy Modun
Amy Modun
Partner

Experience Makes the Difference

WE ARE FAMILIAR WITH MOST DISABLING CONDITIONS AND WILL NAVIGATE INJURY LAWS IN WAYS THAT MAXIMIZE YOUR CHANCES OF WINNING. WE HAVE REPRESENTED PEOPLE WITH:

  • Anxiety disorders
  • Asthma
  • Autoimmune disorders
  • Autism & spectrum disorders
  • Back injuries
  • Bipolar disorders
  • Brain injuries
  • Cancer
  • Carpal tunnel syndrome
  • Chemical sensitivities
  • Chronic Fatigue Syndrome
  • Charcot-Marie-Tooth disease
  • Cognitive disorders
  • Connective tissue disorders
  • Crohn’s disease & colitis
  • CRPS & RSD
  • Cubital tunnel syndrome
  • Cystic fibrosis
  • Degenerative disc disease
  • Depression
  • Diabetes
  • Ehlers-Danlos syndrome
  • Epilepsy & seizure disorders
  • Fibromyalgia
  • Gastrointestinal diseases
  • Hearing impairment
  • Heart disease
  • Hip injuries
  • Intellectual disabilities
  • Kidney disease
  • Knee injuries
  • Learning disabilities
  • Liver Disease
  • Lupus
  • Lyme disease & post Lyme syndrome
  • Migraine & headaches
  • Multiple sclerosis
  • Myelopathy
  • Neuropathies
  • Osteoarthritis
  • Parkinson’s disease & parkinsonism
  • Post-Traumatic Stress Disorder (PTSD)
  • Pulmonary diseases
  • Schizophrenia
  • Shoulder injuries
  • Somatoform/conversion disorders
  • Spinal stenosis
  • Rheumatoid arthritis
  • Vascular disease
  • Vision impairment
  • Von Hippel-Lindau syndrome (VHL)

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