Be Careful Using Allsup for SSDI When You're Also Applying for Long-Term Disability
If you are out of work for an extended period due to a disability, you may qualify for long-term disability benefits under your long-term disability (LTD) insurance policy. LTD benefits compensate you for a portion of your lost wages due to a disability that prevents you from working.
However, when you attempt to file your long-term disability claim, your employer or the long-term disability insurance company may advise you that you need to file a claim for Social Security Disability under SSDI.
The SSDI (Social Security Disability Insurance) program provides long-term disability benefits for workers who become disabled. Workers must meet the Social Security Administration’s definition of disabled and have earned enough work creditors to qualify for SSDI benefits. The LTD insurance company may refer you to an outside company that handles SSDI claims, such as Allsup.
Allsup claims to be an expert in the field of Social Security disability, with a 96 percent success rate. Allsup or the insurance provider may tell you that you can receive more money by applying for SSDI, so it is in your best interest to follow their recommendations regarding your long-term disability claim.
Here's our recommendation: talk to an experienced Social Security disability attorney first.
A local attorney experienced in SSDI claims can give you the attention you need and make sure your disability is properly documented in a way that does not put your LTD claim at risk.
Know Your Rights About Long-Term Disability Claims
The LTD insurance company may force you to file a Social Security Disability claim even though it knows your disability does not qualify you for SSDI claims. It's in the best interest of the LTD insurance company for you to qualify for SSDI benefits because they are usually allowed to offset the amount they pay you by the amount of SSDI that you receive. So, the LTD insurance company will make you go through the hassle of applying for those benefits before it will approve your long-term disability claim.
If you are approved for SSDI benefits, the benefits under your long-term insurance policy decrease. The insurance company saves money, which is a strong incentive to push Social Security Disability benefits and companies like Allsup. However, it may not be in your best interest to rush into a Social Security Disability claim or use a non-attorney representative for a disability claim.
Long-Term Disability Claims Are Complicated
Long-term disability insurance falls under the jurisdiction of ERISA (Employee Retirement Income Security Act). The requirements, deadlines, and laws applicable under ERISA strongly favor the insurance companies. If applicants do not follow these rules and deadlines precisely, they could lose their right to receive long-term disability insurance.
Insurance companies are aware that most people are not familiar with the ERISA requirements for LTD claims. They also know that many attorneys are not familiar with ERISA unless they have experience handling ERISA claims. Insurance companies take advantage of this fact to delay and deny valid claims for long-term disability insurance.
A worker who becomes disabled should not be mistreated by an insurance company that is merely protecting its profit margin. The employee deserves to receive the disability benefits he or she is entitled to receive under a legally enforceable, valid insurance contract.
Our Kansas City long-term disability attorney handles ERISA claims. He understands the tactics insurance companies use to deny and delay valid claims for long-term disability insurance, such as forcing individuals to apply for Social Security Disability and referring them to non-attorney vendors. He also understands the urgency to obtain disability benefits when a person is unable to earn an income because of a disabling condition.
The insurance company is betting that people will not fight back. They are betting that most employees will use companies like Allsup instead of seeking legal advice from Social Security Disability insurance lawyer who will protect their interests in both SSDI and LTD claims.
Contact Our Long-Term Disability Lawyer in Kansas City
The Law Office of Kevin J. McManus is here for you when you have questions about long-term disability claims and appealing denials of disability claims. Our law firm represents long-term disability claimants throughout Missouri and Kansas. We can represent ERISA disability claimants nationwide at no additional charge with the assistance of local counsel and court approval.
Our legal team has the experience, resources, tools, and legal knowledge you want and need on your side. For more information, download a free copy of my book, Danger: Proceed at Your Own Risk: A Guide to Disability Insurance Appeals. You may also contact our law office by calling 816-203-0143, or by filling out our online form to request assistance with your long-term disability claim.