Why you should not use the social security advocate/lawyer Long Term Disability has hired for you

If you receive long-term disability insurance, your long-term disability insurance carrier will frequently make you apply for Social Security Disability. I frequently get calls asking about letters people have received from their insurance carriers threatening to cut off their benefits if they don’t apply for Social Security Disability. I  will explain how these policies typically work and what your rights are. In short, you should probably file for disability and you should definitely hire your own lawyer to help—not the insurance company’s “lawyer” or “advocate.”

These “advocates” are disability mills and do not care about you, your family, or your case. They enter into contracts with insurance companies and do mass volume work. You won’t meet your “lawyer” until the day of the hearing and you’ll never speak to the same person twice (in fact, you’ll spend most of your time navigating phone menus and waiting “on hold”). When these companies lose your case, they’ll cut you loose and so will your insurance company, leaving you holding the bag. Instead of calling one of the groups that sent you a letter, call or email me to help you. 

If you order a full copy of your long-term disability policy, you will most likely finding a clause that requires you to file for Social Security Disability. Failure to do so can often lead to your benefits being terminated, so it’s important to stay on top of this and find a skilled Social Security Disability lawyer to help you through the process. Although applying for Social Security Disability is most likely in your best interest, your insurance company requires you to apply for a very selfish reason: it reduces the amount of benefits the insurance company needs pay you (directly), because most policies allow the insurer to take an offset for any benefits paid to you by the Social Security Administration. As a practical matter, this offset is dollar-for-dollar, so you still receive the same amount of money at the end of the day: it just comes from two different sources (one check from the insurance company, and another check from the Social Security Administration). Be careful, though: if you win Social Security, your insurance company will most likely be entitled to all your past-due benefits. Be careful not to spend the past-due benefit check (however tempting it might be) and to check your policy to be sure who owns the money.

If you’re receiving long-term disability insurance and your insurer is requiring you to file or Social Security Disability, it likely won’t cost you anything to hire our law firm. Because we typically work on a contingent basis for a portion of your past-due benefits (nothing from your ongoing benefits), and because your long-term insurance carrier is most likely entitled to your past due benefits, our fee ends up coming out of the insurance company’s pocket—not yours.

Unfortunately, the reverse is also true – the insurance company may argue that you are no longer entitled to long-term disability benefits if your Social Security Disability claim is denied because the Social Security Administration determined that your medical conditions are not disabling.  You should consider contacting an attorney if your SSDI claim is denied and you are concerned about it negatively impacting your long-term disability claim.