Examples of Disability Claims

Disability is something that more people will face in their lives than you might think. Though most people go their entire life not needing disability benefits, those that do may struggle with making a claim and being approved for disability benefits.

So, what is a disability claim, what should you do if you are denied, and what is the process of applying for and being approved for disability benefits? Keep reading to find out more.

What is Disability Claim?

Suppose you are not applying for long-term disability or permanent disability through the government. In that case, you can also use your own disability insurance or the disability insurance of your employer to help you cover the cost of your disability and your inability to work.

If you do have disability insurance, or your employer offers it to you, you can make a claim and get a portion of your pay during the time in which you are unable to work.

Say, for instance, that you were a specialized worker on a construction site running a crane. You were able to do that job due to your physical ability to run the crane. Now, say that you are injured, or you are disabled, and you can no longer do that particular job. You can then make a disability claim that will pay up to 60% of your pay, typically until:

  • You get better and can come back to work, or
  • You determine that you have a long-term or permanent disability and need to apply for disability benefits from the government.

If you are disabled on the job, these disability benefits and claims will help support you for a time to help you figure out what your next move is, to see if your disability can be healed, and to figure out what you need to do.

Most short-term disability insurance will pay you for anywhere from 3 to 6 months. There is also long-term disability insurance that can pay you for even longer or for permanent disabilities.

What are Disability Benefits?

Disability benefits are government benefits paid out monthly by the Social Security Administration to individuals who are physically or mentally unable to obtain and keep employment to support themselves.

This means that if you were born with a debilitating disability that makes it difficult or impossible to get and keep employment, if you were injured and are unable to keep working, or if you are mentally unable to work, you may qualify for disability benefits.

The amount of the benefit that you are entitled to will be based on a few things. First, if you have worked and become disabled, your disability benefit will be based on the amount you made before becoming disabled.

This amount is going to be higher for someone that has worked or that was part of the tax-paying workforce than for someone that has never worked or that has never been able to work. If you are part of the workforce and are disabled, your benefit will be based on work credits.

On the other hand, if you have never worked as a result of a disability, your benefit is going to be based on the Social Security your parents were likely able to get for your care while you were under the age of 18.

Examples of Disability Claims

There is a range of disability claims that you can make and that is likely to result in some sort of settlement. Knowing what some of these claim types are can help you better understand what you might be able to file a claim for and what you cannot.

Some of the things you may make a claim for are . . .

  • Tinnitus or incessant ringing in the ears that makes it difficult to focus, which might cause headaches, or that might cause mental distress.
  • Mental health issues, PTSD due to something that happened at work, stress that makes it impossible to work, and more.
  • Musculoskeletal issues like extreme debilitating pain. This can be things like extreme back pain, joint pain, pain in the extremities, and more.
  • Scars from work-related injury that might make it hard for you to work or may limit your range of motion so that you cannot work to the degree that you were before them.
  • Presumptive conditions like chronic diseases such as hypertension, arthritis, and more.
  • Serious workplace injury results in a disability that is either permanent or short-term.

These are all things you can file a claim for and that you will likely be able to get a payout for in terms of your overall disability. With this type of claim, you do need the help of a lawyer to create a case that is going to be airtight and that is going to result in a settlement.

With any disability claim, it is always going to be pertinent to have the support of a doctor to back up your claims and to be able to help you prove that you were injured or made disabled by no fault of your own.

It can be so discouraging to work through a disability claim, but having a medical diagnosis will help you both get the medical care you need and the proof that your disability insurance will likely require to move forward with any type of claim.

How to File a Disability Claim

The first steps in filing a disability claim are to take the time to get to the doctor and get an evaluation. This will help with treatments of whatever issue you are dealing with and provide proof in the form of a medical opinion for your claim.

If any forms or reports need to be filed with your place of employment, you should also do that before proceeding with any sort of claim or lawsuit. You must follow the protocol for your particular workplace to avoid potential denials or claims that you did not follow proper protocol when filing.

Your next steps are going to be to file a claim, with the support and proof that you have collected, to your workplace or to the insurance company that holds your disability insurance. After you have made your initial claim, the insurance company has a period in which they will investigate the claim and start working on your case.

They may take this time to collect more information, to collect any reports or doctors’ recommendations, and to make any requests for additional support that they may need to go ahead and file the claim. They will then approve or deny it, and you can move on to the next steps.

What to Do if your Disability Insurance Claim is Denied?

The first thing you need to do if you get a notice that your claim was denied is not panic. Though it might seem like the end of the line, plenty of things can be done to help argue your claim.

There may be forms that you can file to start the appeals process, or you can move straight to contacting a lawyer that is well-versed and experienced in disability law.

At Leverty and Associates, we can help you create a case that helps to support your disability claim and helps you get the settlement you need. We will work with you from start to finish and fight for you to get the best compensation possible.

We know how hard it can be to go from being able to work to being disabled and in pain. We also know what it takes to fight these large insurance companies and get you a settlement that allows you the financial security to take enough time off work to recover.

We will help you collect the correct documents and the proper paperwork that needs to be filed; we can appeal denials, fight for a bigger settlement, and support you through the entire process.

Our goal is to ensure that you can recover and do so without having to stress and worry about where your next paycheck will come from. We have a team of dedicated and experienced lawyers that know all the ins and outs of disability insurance claims and law, and we will not stop until you have the settlement that you need.

If you are struggling or have received a disability claim denial, we can help. Contact us today at Reno: (775) 322-6636 and Las Vegas: (702) 507-0201. We are pleased to help you fight for the settlement you deserve!

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]