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Bartinik Law Firm, PC

Ensure You Are Properly Compensated for Your Disability with the Help of a Disability Claim Lawyer

We help people with disabilities. He handle all types of disability insurance claims. We also a handle disability discrimination claims.

  • Long term disability
  • Social security disability
  • Disability discrimination

Disability insurance policies are usually part of an employee benefit plan. Therefore, they are usually governed by ERISA (Employee Retirement Income Security Act). ERISA significantly limits your ability to sue an employee benefit plan. If your disability claim is denied by the plan, you will be required to follow the appeal procedures within the plan itself. You must read the plan very carefully, and should follow the procedures set forth in the plan. The plan should describe your benefits including how they are calculated, the definition of disability, offsets, and benefit time limits. Most plans will offset disability benefits with any Social Security Disability benefits you receive.

If your disability benefits are denied, you can appeal to the plan to review the denial. If your disability benefits are still denied by the plan you can sue the plan. Most claims must be brought in Federal Court. The claims are governed by ERISA. In most cases, the reviewing Court must review the claim giving deference to the decision of the plan. Sometimes, however, the Court can review the claim without giving deference to the decision of the plan “de novo” review. The standard of review of a plan decision in Federal Court is very complicated and case specific.

Social Security Disability Insurance (SSDI) benefits are available when a person is disabled from work. One is considered disabled they cannot engage in any substantial gainful activity. The amount of benefits that you might get depends upon your average lifetime earnings. Your Social Security Statement that you receive each year contains an estimate of your monthly benefit. There are age restrictions, and years worked restrictions. There are many rules that apply. Generally, the process consists of filling out the application, providing supporting medical evidence, and then waiting for the decision. Many times, applications are denied. If your claim is denied, you will have the right to appeal, and eventually as the levels of appeal get higher you will have the right to have your case heard by an administrative law judge. If your claim is still denied you can appeal to Federal Court.

People who have a disability are protected by the American's Disability Act (ADA), and the Connecticut Fair Employment Practices Act. For government workers, The Rehabilitation Act applies.


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