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Memphis Long Term Disability Lawyer

Memphis Long Term Disability Lawyer

Throughout Memphis, TN and the entire Mississippi Delta region, American workers frequently become seriously injured, disabled, or otherwise unable to work. Long term disabilities are not just something blue-collar workers experience. A long term disability can be due to cancer, an environmental hazard, or even a completely unrelated accident, such as a car wreck or fall at home.

If you become seriously disabled to where you are not able to return to your job for an extended period of time, you may have a right to partial payment of your salary for up to a limited amount of time. This is an option available in many employers’ cafeteria plans, through a long term disability (LTD) insurance policy.

To qualify for LTD benefits, you must show that you are unable to return to work in your present job. Some policies are more restrictive, so it is important to have an experienced disability lawyer review the policy terms to see if you qualify.

What Happens if I Know I can Not Work but My Doctor Disagrees?

Perhaps one of the most common situations occurs when a physician lacks a thorough understanding of how a long term disability plan defines disability. Many physicians and other health providers mistakenly may believe that the definition of disability in the plan is the same as the definition for other things, such as Social Security Disability, Veterans Disability or even a Workers’ Compensation claim. Each of these types of claims has a different statutory or regulatory guideline for what a person must prove to be compensated.

Quite simply, it is not the healthcare provider’s place to interpret the law or render opinions about contract provisions. Instead, a qualified occupational physician’s report should outline the medical condition in detail and provide specific comments about the tasks that would or would not be safe for the patient. It is then up to the patient and the disability insurance carrier to determine whether the medical evidence, the physician’s findings, and the objective tests and diagnostics support a claim approval. This is where a long-term disability lawyer in Memphis can help.

How a LTD Benefits Lawyer can Help

The Law Offices of J. Price McNamara can get to work gathering key evidence to help you support an appeal of your denial. This often also means putting you in touch with healthcare providers who understand the LTD plan requirements and who can explain in detail the limitations presented by your health condition. Once we have all the facts, we may be able to help you appeal your denial by:

  • Making sure you meet all plan deadlines
  • Carefully arguing your position to the insurance company
  • Negotiating a swift resolution to get you paid much-needed benefits when you need them
  • Filing a lawsuit when the insurance company acts in bad faith by willfully denying a valid claim

Let a Memphis Long Term Disability Attorney Help

Sadly, there are many people around the country who face serious health problems and may require an extended absence from work to heal, get surgery, or recover. At the Law Offices of J. Price McNamara, we make sure our clients understand their rights, and we fight insurance companies that unreasonably or render vexatious claim denials without good cause. Call us today to schedule a free case evaluation.

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