Raleigh Temporary Disability Appeals Lawyers
The Raleigh temporary disability lawyers of Law Office of Sam Scudder are here to help you if your employer wrongly denied you the benefits that you are owed. We know that an injury or illness that compromises your ability to work can be devastating. Short-term disability benefits can help ease those burdens; they are of no help if your claim is denied.
At Law Office of Sam Scudder, we have been proudly serving injured workers in Raleigh and the surrounding areas for over 25 years. Our attorneys are active members of the community and are committed to advancing workers’ rights and justice. As members of the North Carolina Advocates of Justice, our attorneys protect people’s rights through advocacy and education. Board Certified as Specialists in Workers’ Compensation Law; you can trust that when we are handling your case, we will diligently represent you.
If your initial application for temporary disability benefits has been denied, we strongly recommend that you obtain the services of an experienced disability lawyer who can help you file a persuasive appeal. Contact the Raleigh temporary disability appeals lawyers of Law Office of Sam Scudder by calling (252) 222-0227, filling out a contact form, or starting a live chat on our website now. Let us help you and your family through this challenging time.
Temporary Disability Benefits
Disability insurance is supposed to protect workers’ income if they become disabled or are unable to perform the functions of their job. It is estimated that at least one in four workers will be hurt during their working career, due to conditions at work or because of some non-work-related accident.
Temporary disability benefits (also known as short-term disability benefits) may be granted for a variety of reasons, including, but not limited to, the following:
- Conditions that are non-work related but affect your ability to perform the material functions of your job
- Non-cosmetic surgical procedures
- Mental health issues, such as depression or anxiety
- Digestive disorders
- Musculoskeletal disorders affecting the back, hips, spine, knees, and other parts of the body
- Fractures, sprains, or muscle tears
- Side effects caused by prescription medications
Temporary disability benefits can have a significant impact on individuals and families that are injured, ill, or otherwise unable to work for a short time. While it is common for a temporary disability benefits claim to be denied, those who choose to appeal can often be successful in ultimately receiving their benefits. The opportunities for success are significantly improved if you have an experienced and dedicated attorney on your side.
Why You Should Appeal
It is quite common for temporary disability benefits to be denied. That does not mean that you are not entitled to benefits or incorrect in your effort to seek them. In many instances, the insurance company may deny claims because they know very few people appeal and the less they pay out in claims, the more money they make. While this practice may not be right, or even lawful in some instances, companies get away with not paying claimants because after an initial claim is denied the vast majority of people do not appeal that decision. Not appealing a denial is a mistake as you may be entitled to benefits that could help you.
The appeal process can vary depending on whether the disability insurance was privately purchased or employer-purchased. If purchased by an employer, more than likely the policy is subject to federal law which requires that a denied claimant must first file an appeal and go through the administrative appeal process before filing a lawsuit. On the other hand, if a private buyer purchases the policy, the claimant may have the option go straight to litigation if their claim is denied, or they may have to go through an appeal process depending on the contract language of the policy.
The appeal process can become complicated quickly when you are unfamiliar with the law. That’s why the compassionate and experienced Raleigh temporary disability benefits attorneys at Law Office of Sam Scudder are here to help.
Why You Need an Attorney
Hiring an attorney to help with the appeal process is always a smart idea as attorneys know the complicated law and the particular procedural requirements for appealing a denial of temporary disability benefits claim. Additionally, an attorney will help with the appeal process because, among other things, an attorney:
- Knows what updated medical records you need for the appeal
- Knows what other evidence is required to get your claim approved, like having letters from co-workers, friends, and family attesting to your struggles
- Understands disability impairment listing criteria
- Knows about vocational guidelines, past work, and how it is decided whether a claimant can perform other duties
- Knows how to look for discrepancies between facts and evidence and make your case stronger
- Can find errors in previous decisions
Data indicates that claimants who have attorney representation during the appeal process are up to 50% more likely to win their appeal. Further, how your appeal is handled could have a significant impact on any future litigation, if your claim is denied in the appeals process. In some instances, the court will only look at the file from the appeal process and make its decisions based on that information. This means having the correct information in your file from your appeal is paramount to your success if your appeal should be denied.
Understanding the appeal process for a denied claim for temporary disability benefits can be incredibly challenging and frustrating. That’s why the experienced Raleigh disability benefits attorneys at Law Office of Sam Scudder are here to help.
We have been working on behalf of injured workers for years, and we understand how tough it can be to cope with a disability, even one that will only impact your life in the short-term. Mr. Scudder is certified as a specialist in workers’ compensation law by the N.C. State Bar Board of Legal Specialization. Let us help you get the benefits you deserve. Contact the Raleigh temporary disability lawyers of Law Office of Sam Scudder at (252) 222-0227, chat with us live on our website, or fill out a contact form. We are here to help you, just as we’ve helped countless injured worker’s across North Carolina. Let us put our experience and knowledge to work for you.