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.
