It is our goal is to provide the highest quality legal services to you and your business in a timely fashion. We welcome the opportunity to talk with you and to discuss how we may be of service.

Long Term Disability

We handle both Employer based disability plans as well as private disability insurance policies.

ERISA

Employer based disability plans are controlled by a federal law known as the Employee Retirement Income Security Act of 1974 (ERISA).

That law protects participants in the Disability Plan (some protections only pertain to Plans which have 100 or more participants) and violations of those protections can result in penalties against Plan fiduciaries and others charged with making decisions about your benefits.

Disability Insurance Plans have some consistent terms and others vary widely, even within the same employment setting. You are entitled to a copy of the policy under ERISA. You are also entitled to review the Insurance Company Claim file, including IME reports.

Disputes with employers and private long term disability insurance carriers are common. To know the extent of your rights and what basic actions to take when you suspect you may need to go out on disability, call The Law Offices of Barbara B. Comerford.

Private Disability Insurance

What happens when you pay for benefits yourself, but the insurance company won't pay you?

Believe it or not, you may have more protection when you purchase a private disability insurance policy without the "protection" of ERISA. Many states protect consumers against insidious insurance company practices by providing damages for actions taken in bad faith. Similar protections are not presently available under ERISA. If a disability insurance company, with whom you are privately insured (without any involvement from your employer) has denied your claim, call the Law Offices of Barbara B. Comerford for a free consultation.

Social Security Disability

The Social Security Administration (SSA) will accept applications for disability by:

• phone (call 1-800-SSA-1213) or
• applying online at Social Security Online or
• visiting any SSA District Office in your area.

SSA administers two programs that provide disability benefits, namely:

• Social Security Disability insurance program (SSD) and
• Supplemental Security Income program (SSI).

As a general rule, to qualify for SSD you must have worked and paid FICA taxes five our of the last ten years before the onset of disability. If you are deemed eligible for SSD benefits, you will be entitled to Medicare benefits 24 months after the onset of disability and a five month waiting period.

To qualify for SSI, a welfare based entitlement, you need to establish indigency, and you need to satisfy the same medical proof requirements as those for SSD. If you are deemed eligible for SSI benefits, you are entitled to Medicaid from the application date with no waiting period.

Under certain circumstances, you can qualify for both SSI and SSD.

Both SSI and SSD cases are evaluated by SSA under a five step Sequential Evaluation Process to determine an applicant's eligibility for benefits.

All attorney fees are controlled by Federal statutes and must be approved by SSA.

For further information, visit the Social Security Administration website.