Disability Benefits Are in Doubt for Some Kentucky Residents
Not every attorney is equipped to effectively litigate individual or group disability insurance cases. In fact, some attorneys shouldn’t practice law at all. Case in point: the ongoing investigation in Kentucky involving an attorney who made millions by bribing doctors and judges to approve and/or support his clients disability claims.
According to news reports, a federal investigation was launched in 2015 into an attorney claiming to be “Mr. Social Security.” He pled guilty to federal charges last year involving disability fraud and bribery, but the real tragedy is what allegedly happened to his clients, some of whom reportedly killed themselves due to the stress of their benefits termination.
As of 2018, nearly 4,000 of Kentucky’s most impoverished residents were subject to a revaluation of their Social Security disability claims as a result of their attorney’s actions. Without the ability to afford a new disability lawyer, many of these residents had to make their cases for disability benefits alone, and only about 50 percent retained their benefits. This means that nearly 2,000 Kentucky residents lost their Social Security benefits because of fraud on the part of their now-convicted attorney.
While some wronged claimants may have sued for malpractice under their former lawyer’s insurance policy, there may be far too many claimants to compensate fairly.
While the thought of losing your individual or group long-term disability benefits can produce incredible stress, the experienced, compassionate individual and group ERISA long-term disability attorneys from DarrasLaw can help.
Frank N. Darras and his team of award-winning long-term individual and group disability lawyers are known for their integrity. When it comes to fighting for your individual or group long-term disability benefits, you can rely on DarrasLaw’s nearly four decades of stellar results. To schedule a completely free policy analysis and free claim consultation, call us today at 800-898-7299 or contact us online.
Social Security Disability and Total Disability Benefits
Federal Social Security Disability Insurance (SSDI) benefits are hard to claim because you must suffer from a “total disability” to qualify and you need to meet the working requirements. Middle-aged adults generally need to have earned at least $45,000 in taxed wages during their work life, half of which they must have earned during the last ten years. If you meet this standard, you must then prove you have a total disability, which means:
- You can’t work in your previous occupations
- You’re unable to transition to another career field as a result of your disability
- Your disability is “long-term,” which means it has lasted or is expected to last over a year
Recognizing the high standard for SSDI, even claimants who truly cannot perform the important duties of any occupation may not qualify for benefits. Unless your medical records clearly indicate you can’t engage in any meaningful work, you may be out of luck.
Partial Disability Benefits and Private Disability Plans
Many employers offer their employees ERISA-governed long-term disability insurance in case they suffer from a disabling illness or injury that leaves them unable to work in their normal occupations, or in some cases, any occupation.
If you are or were receiving federal SSDI benefits, you may still qualify for disability benefits under your long-term individual or group disability insurance policy. It’s generally easier to claim private long-term group or individual disability benefits because you don’t need to suffer from a total disability to qualify. Instead, if you’re unable to work part-time in your normal profession, you may qualify for individual or group long-term disability.
The terms and limitations of your long-term disability policy may measure this in two ways. Either you’re unable to perform the important everyday duties of your occupation, or you’re unable to perform any occupation by which you are trained, educated, or suited. Either way you could be eligible for total disability benefits or partial disability.
Your SSDI payments would generally offset any group long-term disability benefits. If a situation ever arises in which Social Security terminates your federal benefits, your private, group long-term disability insurer would generally no longer be entitled to the offset.
Don’t Give up Hope: Contact DarrasLaw, America’s Top-Rated Long-Term Individual and Group Disability Insurance Litigation Firm
The award-winning long-term individual and group ERISA disability lawyers at DarrasLaw have more than 100 years of combined experience fighting for your individual or group long-term disability benefits all across America. We don’t take shortcuts when it comes to your individual or group long-term disability claim because we know how important your benefits are to your speedy recovery.
Whether you’re facing a wrongful delay, denial, or termination of individual or group long-term disability benefits, contact DarrasLaw today to schedule a completely free, no-risk policy analysis and free disability claim consultation. Our experienced ERISA lawyers and individual disability attorneys will give you an honest, fair assessment of your case and try to help you in any way we can. Call DarrasLaw at 800-898-7299 or contact us online today!