We focus on these types of cases.
When you contact Evergreen Disability Law for any type of case, you work with a disability benefits attorney – not every law firm can say the same. We believe the focus on a particular practice area makes a world of difference.
ERISA Long Term disability
In addition to Social Security, some people get Long Term Disability insurance coverage at work. When a benefit comes from an employee benefit plan, it is generally governed by the federal employee benefits law called ERISA, which stands for the Employee Retirement Income Security Act. Unlike Social Security, which uses the same rules on every claim, the benefits under ERISA Long Term Disability plans are not always the same, so it is important to review your particular plan documents to determine the particular terms. If all of your appeals are denied, you have the option to bring a lawsuit in federal court challenging the denial.
PRIVATE DISABILITY INSURANCE
When people get disability insurance not through work, but through a private insurance agent, those claims do not fall under the ERISA employee benefit laws. Usually this is a good thing, because remedies under ERISA are very limited - there is usually no possibility of punitive damages or even a jury to hear your case fairly. In private disability insurance claims, however, you have more rights.
Social Security Disability
The Social Security Administration (SSA) has a number of Disability Benefits Programs affording benefits to individuals with disabilities. Social Security Disability (SSD, also known as Title II disability insurance benefits, SSDI or DIB) provides benefits for a disabled individual based on your employment earnings record. Supplemental Security Income (SSI. also known as Title XVI disability benefits) affords benefits to disabled individuals, including children, without sufficient earnings history to qualify for SSD and is based in part on your financial need. Disabled Widow/Widower Benefits (DWB) provides benefits based upon the earnings record of your deceased spouse or deceased former spouse if you are disabled and 50 years of age or older. Childhood Disability Benefits (CDB) allows benefits to an individual who can show disability before reaching 22 years of age and is based upon the earnings record of the individual’s deceased, disabled, or retired parent.