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When should you hire a lawyer for your long term disability case?

2 Sep 2020

You may be wondering when the right time is to hire a lawyer for your long term disability case. When your doctor told you to stop working, you stopped working. Now you’re wondering what to do next? Well, the best time to hire a lawyer is usually when your claim has been denied.

Some lawyers may tell you that they want to be involved at the very beginning even before you file your claim, and I’m not going to tell you that. Here’s why –  if you were able to get more long term disability benefits without paying a lawyer, more power to you. But if you file your claim, your application is denied and you get a denial letter. There is no question that you need an attorney at that very moment, and the sooner, the better. Once you get that denial letter in hand, you should be calling an attorney ASAP.

Here’s an opinion from a judge out of North Carolina, it’s a federal judge in a ERISA disability case. What he says is for ERISA claimants not able or aware enough to hire a legal counsel before the administrative process is complete, they likely enter into judicial review facing a loaded deck. A deck loaded with expert opinions of those hired by the plan administrator and with the possible exception of a treating physician or two, lacking the opinions of vocational or medical experts hired by the claimant. Additonally, if the plan is vested with discretion with the plan administrator, as almost all do, such claimants also face the hurdle of a discretionary standard of review.

So, do you want to go into federal court facing a loaded deck, or do you want to go into federal court facing an even playing field? Knowing that you’ve done everything that you can do to make sure that your claim is approved with an attorney, it’s in your best interest to go ahead and hire an attorney so that your administrative process is completed correctly. Once you get that denial letter, hire an attorney.

If this has been helpful, make sure that you share it along on your social media accounts, share it by email to your family or friends, anyone else who might need this information. If you need help or received a denial letter, stop wasting time. Call us today.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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